(영문) 서울중앙지방법원 2013.12.18 2013가합30016

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(영문) 서울중앙지방법원 2013.12.18 2013가합30016

리스료

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1. The Defendant (Counterclaim Plaintiff) is jointly and severally liable to the Plaintiff (Counterclaim Defendant) for KRW 19,237,760 and its amount from February 19, 2013.

Reasons

Basic Facts

A. On May 24, 2012, the Plaintiff entered into a contract for the lease of a motor vehicle (hereinafter “instant contract”) with the Defendant Company for the lease of KRW 165,00,00 for the vehicle price of KRW 4,291,10 for monthly rent of KRW 165,00,00, and the Plaintiff received KRW 52,695,00 for the lease deposit from the Defendant Company on the same day. The main contents of the said contract are as follows:

(hereinafter referred to as “production of the instant contract”). Meanwhile, Defendant B guaranteed the performance of the obligation to the Plaintiff of the Defendant Company under the said contract.

[Goods Information] Products: The name of operation lease: the lease deposit for the lease amount of KRW 52,695,000: 52,695,000 for the lease period of KRW 36 months: 25% per annum (payment information): the date of payment: Article 5 (Lease Deposit) of the Terms and Conditions for Automobile Facility Lease (Lease Deposit) (1) of the 25th Motor Vehicle Lease Terms and Conditions for the 25th Motor Vehicle Lease (Defendant Company) shall be paid to B in cash at the same time as this contract is concluded in order to guarantee the performance of all kinds of obligations under this Agreement.

(2) Eul shall refund the lease deposit when the lease term under Article 3 expires, or when this contract is terminated pursuant to Articles 21 and 22, and it performs all obligations to be borne by Gap under this contract.

Provided, That in such cases, Eul shall not pay interest on the lease deposit to Gap.

(3) When the lease term expires or when a cause for termination of this contract occurs, Eul may appropriate it for the repayment of all obligations under this contract to be borne by A with the lease deposit.

Provided, That where the lease deposit is insufficient to extinguish the full amount of the debt of Party A, it may be appropriated in order of expenses, interest, and principal.

(4) No Party A may refuse to pay the money to Party B pursuant to this Agreement on the ground that the lease deposit exists.

Article 18 (Damages of Operational Lease Provisions) (1) A shall set up a condition.

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