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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. On May 15, 2015, the Plaintiff (hereinafter “instant contract”) paid the Defendant a monthly rent of KRW 1,624,00 per annum, overdue interest rate of KRW 24% per annum, and KRW 48 months from the delivery date of the vehicle (hereinafter “instant contract”), and the Plaintiff delivered the instant vehicle to the Defendant on May 26, 2015. The Plaintiff terminated the instant contract and received the refund of the instant vehicle from the Defendant on December 1, 2015 under the Defendant’s request; the Plaintiff paid the monthly rent of KRW 3.8VS380 (G) vehicles (hereinafter “instant vehicle”) to the Defendant on May 15, 2015; the Plaintiff shall return the instant vehicle to the Defendant at a rate of less than 20% per annum of the penalty for breach of contract x 20% per annum of the penalty for breach of contract x 30% per annum of the penalty for breach of contract x 20% per annum of the penalty for breach of contract.
The fact that the defendant's penalty calculated pursuant to the above penalty clause as of the time of termination of the contract of this case is 13,833,352 is not in dispute between the parties, or the whole purport of the statements and arguments as set forth in Gap evidence Nos. 1 to 5 is acknowledged.
According to the above facts, the contract of this case was terminated due to the defendant's circumstances.