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(영문) 서울중앙지방법원 2016.11.11 2015가단193716
채무부존재확인
Text

1. On April 9, 2016, the Plaintiff (Counterclaim Defendant) paid KRW 12,840,669 to the Defendant (Counterclaim Plaintiff) and KRW 6,932,383 among them.

Reasons

1. Facts of recognition;

A. On June 13, 2013, through B, the Plaintiff entered into a car lease agreement with the Defendant on a monthly rent of KRW 780,000,000 for HG 3.0 vehicles (hereinafter “instant lease agreement”). The Plaintiff entered into a monthly rent of KRW 480,00 for a period of 48 months, penalty rate of 20%, and interest rate of arrears rate of 24% per annum.

The defendant delivered the above vehicle to the plaintiff on July 9, 2013.

Article 3 (Terms of Contract)

1. Where the contract is terminated earlier due to the Plaintiff’s circumstances or causes, the Plaintiff shall pay to the Defendant penalty by the following formula, applying the rate of penalty on the front penalty for the number of days of the remaining lease period as of the date of termination of the contract, based on the monthly rent

Penalty = (monthly rental fee x 12±365) 】 Number of days elapsed 】 Settlement and payment of rental fees under Article 4 of the Penalty Rate 】 (7) In cases where the plaintiff fails to return the vehicle to the defendant at the time of termination of the contract due to expiration, cancellation, termination, etc. of the contract, the average daily rental fee (monthly rental fee x 12±365) calculated by applying the monthly rental fee on a daily basis from the day following the expiration of the contract period to the return date shall be paid, apart from

Article 15 Early Termination and Termination of the Contract (1) In any of the following cases, the defendant may terminate the contract and claim the return of the vehicle or recover it:

1. Where the payment of rent is overdue on not less than two occasions;

B. The main contents of the terms and conditions applicable to the instant lease agreement are as follows.

C. The Plaintiff paid only the loan fee to the Defendant until November 30, 2014, and did not pay the loan fee from December 1, 2014.

Accordingly, on August 27, 2015, the Defendant notified the Plaintiff of the termination of the instant lease agreement and the return of the said vehicle on the grounds of the Plaintiff’s delinquency in paying the rental fee.

The defendant recovered the above vehicle on October 12, 2015.

E. The Plaintiff’s unpaid rental fee at the time of termination of the instant lease agreement is 6,932.

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