1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Basic facts

A. On January 2016, the Plaintiff entered into a vehicle lease agreement with the Defendant with respect to C Food 508 vehicle (hereinafter “instant vehicle”).

The lease period: From January 7, 2016 to January 6, 2020: The remaining value of KRW 1,200,000 per month: 13,00,000 per month: Where a customer does not take over a vehicle at the time of contract maturity as a product with a product with the maturity of KRW 13,000,000, if the customer does not take over the vehicle at the time of contract maturity (30% of the total vehicle price). Where the contract is terminated due to the Defendant’s fault for early termination (Article 1(b) (the Defendant shall pay the following amount to the Plaintiff as penalty:

(Article 3(a)(2) - Within 12 months from the date of the contract - If the Plaintiff fails to pay the monthly rent under the contract for a period of not less than 12 months but less than 48 months, 30% of the total rent for the remainder of the period of the contract by the Defendant, the Plaintiff shall set a reasonable period and notify the Defendant thereof, and if the Defendant fails to pay the rent within the said period, the Plaintiff may terminate the contract, and the Defendant may compulsorily recover the vehicle to the Plaintiff, and the Defendant shall pay the penalty to the Plaintiff pursuant to Article 3(a)(2).

B. On January 5, 2016, the Defendant began to use the instant vehicle in delivery from the Plaintiff.

C. On December 1, 2016, the Plaintiff recovered the instant vehicle from the Defendant.

The Plaintiff filed the instant lawsuit against the Defendant for the payment of KRW 28,691,818 [the total penalty of KRW 4,040,00 (the rental fee of KRW 14,400,00 for 12 months - the rental fee of KRW 10,360,00) for early termination penalty of KRW 11,781,818 (30% out of the total rental fee for 36 months for the remaining period)] due to the termination of the instant vehicle lease contract. The Plaintiff filed the instant lawsuit against the Defendant for the payment of KRW 12,870,00 (30% of the total rental fee of KRW 42,90,00 for the remaining period of 36 months).

E. On the premise that the instant vehicle lease contract was concluded on December 1, 2016 due to the Defendant’s cause attributable to the lower court, the first instance court’s loan period for 11 months against the Defendant.