(영문) 서울중앙지방법원 2019.06.28 2019가단5030023

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(영문) 서울중앙지방법원 2019.06.28 2019가단5030023

유체동산인도

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1. The defendant shall be the plaintiff.

(a) deliver two-wheeled motor vehicles listed in the separate sheet;

(b)12,148,310 won and as regards them;

Reasons

1. Determination on the cause of the claim

A. (1) On March 30, 2018, the Plaintiff entered into a lease agreement on a two-wheeled automobile (hereinafter “instant two-wheeled automobile”) with the Defendant, with regard to the two-wheeled automobile (hereinafter “instant two-wheeled automobile”) listed in the separate sheet, with the rate of 36 months, monthly rent 418,600, annual interest rate of arrears 24%, and delivered the instant two-wheeled automobile to the Defendant.

(2) In the instant lease contract, ① the Defendant only has the right to occupy and use the vehicle during the lease period under the instant lease contract, and the ownership of the vehicle is not transferred to the Defendant (Article 8 subparag. 1); ② When the Defendant fails to perform his obligation under the instant lease contract at the due date, the Plaintiff shall notify the correction of the violation and, if the Defendant fails to correct it, the Defendant shall lose the benefit of the period and the Plaintiff may terminate the instant lease contract (Article 18 subparag. 3); ③ When the instant lease contract is terminated, the Plaintiff may claim the amount of termination of the contract and the damages for delay thereof, and the amount of termination of the contract and the damages for delay shall not be affected by the return of the vehicle (Article 19 subparag. 3); ④ When the contract is terminated pursuant to Article 18, the Defendant shall return the vehicle to the Plaintiff and pay damages for delay, and if the Defendant delays the termination of the contract.

(Article 20 (Article 20 (1)).

(3) From October 2018, the Defendant did not perform its duty to pay the lease fees as stipulated in the instant lease agreement, and the amount of KRW 12,148,310 as of January 29, 2019 is overdue.

(4) The Plaintiff urged the Defendant to pay the lease fee, and terminated the instant lease agreement on March 4, 2019 on the ground that the Defendant failed to comply with the demand to pay the lease fee.

[Ground of recognition] Facts without dispute, Gap evidence 2-1 to Gap evidence 9, the purport of the whole pleadings

B. Determination

유사 판례

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