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(영문) 부산지방법원동부지원 2015.11.12 2014가합103212
리스대금
Text

1. The Defendants are jointly and severally liable to the Plaintiff 125,008,294 won and 24% per annum from November 18, 2014 to the date of full payment.

Reasons

1. 158,273,880 won for acquisition of automobile C (hereinafter referred to as the “instant vehicle”) with the lease deposit rate of KRW 14,85,929 (including automobile tax) per annum 24% per annum; and

A. On February 18, 2013, the Plaintiff entered into a lease agreement with Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) on February 18, 2013 as follows.

(hereinafter referred to as “the instant lease agreement”). Defendant B guaranteed the Defendant Company’s debt under the instant lease agreement.

B. Around September 2014, the Defendant Company received delivery from the Plaintiff, and delayed the payment of the lease fee from around September 2014, and on this ground, the Plaintiff notified the Defendant Company of the pre-announcement of early termination of the instant lease agreement and notified the Defendant Company of the fact that the overdue lease was terminated without any separate notice if the Plaintiff did not pay the overdue lease fee by November 13, 2014. In order for the Defendant Company to not pay the overdue lease fee by the said deadline, the Plaintiff notified the Defendant Company that the instant lease contract was terminated on November 17, 2014 and the instant vehicle was demanded to return.

According to the statement of the settlement of termination attached at the time of termination on November 14, 2014, the amount to be paid by the Defendants to the Plaintiff upon the termination of the instant contract is KRW 119,60,012, the overdue lease charges of KRW 5,911,858, the overdue lease charges of KRW 128,278, the overdue lease charges of KRW 1,943,623, the termination settlement charges of KRW 376,80, the early termination payments of KRW 11,96,00, and the amount to be refunded by the Defendants by the Plaintiff is KRW 14,850,00.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 6, 16 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. According to the facts established prior to the determination of the cause of the claim, the instant contract is legitimate in accordance with the Plaintiff’s notice of termination.

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