(영문) 서울중앙지방법원 2019.09.04 2018가단5183142

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(영문) 서울중앙지방법원 2019.09.04 2018가단5183142

채무불이행 손해배상

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1. The defendant shall be calculated by 24% per annum from June 5, 2018 to the day of complete payment with respect to the plaintiff as to KRW 136,392,914 and its amount.

Reasons

1. On November 25, 2015, the Plaintiff entered into a car lease contract (hereinafter “instant contract”) with the Defendant, setting the lease term of 48 months with respect to AD S8 and C vehicles (hereinafter “instant vehicle”), the rent monthly payment of KRW 4,809,184, and the rent monthly payment of KRW 4,809,184, and the two occasions to 4,039,600 per month, and the overdue interest rate of KRW 24% per annum, and on the same day, the instant vehicle was handed over to the Defendant.

The main contents of the automobile lease agreement (Evidence A No. 3) applicable to the instant contract are as follows.

Article 14 (Misappropriation, Loss, or Damage of Motor Vehicle) (1) The customer shall be responsible for any accident that damages the normal function, appearance, and possession of the motor vehicle, such as theft, loss, or damage, from the time of the acquisition of the motor vehicle to the financial company for any reason such as the termination of the lease contract, etc.

(2) Where a motor vehicle is stolen, destroyed, or damaged, the customer shall notify the financial company without delay and shall implement any of the following matters at the customer's expense:

1. The motor vehicle shall be completely restored to its original function, appearance, and possession;

2. To replace the existing automobiles with the same automobiles as models, specifications and components;

In such cases, a school automobile shall be owned by a financial company, and shall be deemed a motor vehicle under this Agreement.

3. If the customer fails to perform the obligations under paragraph 2, the financial company may terminate the contract pursuant to Article 20.

Article 20 (Termination of Contracts by Financial Companies) (4) In the event that a contract is terminated due to the occurrence of a cause under this Article, a customer shall pay a fee for early termination or penalty under Articles 24 and 25 for damage incurred to a financial company according to the method of disposal of the motor vehicle.

The defendant paid the lease fee by September 21, 2016, but did not pay the lease fee at all thereafter.

The plaintiff on May 25, 2018.

유사 판례

-광주지방법원 2015.06.12 2014가단35377

-서울중앙지방법원 2015.12.23 2015가단5187259

-서울중앙지방법원 2016.11.11 2016나5268

-서울중앙지방법원 2018.08.24 2017나27609

-서울중앙지방법원 2021.04.16 2020나1614