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(영문) 서울중앙지방법원 2018.06.05 2017가단80333
대여료 등
Text

1. The Defendant shall pay to the Plaintiff KRW 35,00,000 and the interest rate of KRW 15% per annum from September 28, 2017 to the day of complete payment.

Reasons

According to the purport of Gap evidence Nos. 1 through 5 (including the provisional number) and the whole pleadings, the plaintiff, who runs a car rental business, lent 58 vehicles to the defendant around the beginning of September 2016, and claimed KRW 98,530,390 under the pretext of the rent, the defendant paid the total of KRW 30 million out of the above rent three times on March 2017, and the plaintiff notified the defendant to pay the rent on May 19, 2017, and the plaintiff and the defendant adjusted the total of the rent on May 30, 2017 to KRW 90,000,000,000,000 after deducting the above amount, and the defendant paid the remaining debt on June 11, 2017, which is the date of repayment as set forth in the above agreement, and the defendant paid KRW 17,500,000,000,000,000 on May 19, 2017.

According to the above facts of recognition, the Defendant is obligated to pay the Plaintiff the remainder of the lease fee of KRW 35 million (i.e., KRW 60 million - the total amount repaid after the formation of the agreement 25 million) and the damages for delay calculated at the rate of 15% per annum prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from September 28, 2017 to the date of full payment, which is the day following the delivery of a copy of the complaint of this case.

In this regard, the defendant asserts to the effect that the plaintiff's loan fee is unrefilled and the tolls and penalty are often paid by the defendant, so the claim amount should be reduced. However, as seen earlier, the plaintiff and the defendant decided the loan fee of KRW 90 million through debt settlement on May 30, 2017, and otherwise, the defendant's assertion and submission of evidence alone are not justified.

Thus, the plaintiff's claim of this case is justified, and all of them are accepted.

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