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(영문) 대전지방법원 2017.04.06 2016가단20050
대여금 등
Text

1. The Defendant shall pay to the Plaintiff KRW 57,746,002 as well as a rate of KRW 24% per annum from July 13, 2016 to the date of complete payment.

Reasons

1. Facts of recognition;

A. On October 17, 2013, the Plaintiff and the Defendant concluded a motor vehicle lease agreement (hereinafter “instant agreement”) with respect to the vehicles ADD A5 (hereinafter “instant motor vehicles”) with a total amount of KRW 66,510,00, the lease period of KRW 48 months, monthly lease fees of KRW 1,262,00, KRW 261, KRW 1,424,600, and KRW 1,424,600, monthly lease fees of KRW 24%, and overdue interest rate of KRW 8 per annum. The terms and conditions on the loss of profits under the said agreement are as follows.

Article 8 (Duty of Repayment before Due Date) (2) In any of the following cases with respect to a debtor, the debtor shall naturally lose the benefit of the due date of the relevant obligation and shall pay the due full payment.

In such cases, the financial company shall notify the debtor and the joint guarantor of the fact that the delay in the performance of the following obligations and the benefit resulting therefrom is lost three business days prior to the date of loss of the benefit of time, and if the financial company fails to notify the debtor and the joint guarantor three business days prior to the date of loss of the benefit of time, it shall lose the benefit of time within three business days after the date of actual notice and the debtor shall be obliged to pay the benefit

2. If the payment of principal and interest on the installment repayment or installment repayment has been delayed on two consecutive occasions or more;

B. While the Defendant received the instant vehicle from the Plaintiff and paid monthly rent pursuant to the instant contract, the Defendant began to pay the unpaid principal from February 2015, and the unpaid principal amount at the time of the said delinquency is KRW 57,746,002.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of determination as to the cause of claim, pursuant to Article 8(2)2 of the Terms and Conditions at the time of entering into the instant contract, the Defendant shall be deemed to lose the benefit of time after the lapse of March 8, 2015, which delayed the payment of lease fees on more than two consecutive occasions, and the Plaintiff shall be the Defendant.

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