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(영문) 부산지방법원서부지원 2020.01.14 2017가단106884
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Text

1. The defendant shall pay to the plaintiff KRW 30,787,204 as well as KRW 30,518,502 among them, from November 19, 2019 to the day of full payment.

Reasons

1. Facts of recognition;

A. On March 17, 2015, the Plaintiff entered into a car lease agreement (hereinafter “instant lease agreement”) with C by stipulating the following terms: (a) monthly lease rate of 48 months; (b) monthly rent of 656,600 won; (c) annual overdue interest rate of 24%; (d) remaining value of 12,783,00 won; and (e) annual premium, penalty and fine for negligence incurred by a driver.

B. C lost the benefit of time due to the delinquency of the monthly rent from August 16, 2016, and the instant lease agreement was terminated on March 7, 2017.

C. C’s principal and interest of the leased obligation to be paid to the Plaintiff as of March 7, 2017 are total of KRW 30,787,204 (=total of KRW 30,518,502 damages for delay in total of the unpaid principal, etc.).

On the other hand, the deceased C died on August 8, 2016, and the heir applied for the appointment of an administrator of inherited property as the head of Changwon District Court 2019 Madan100999, and the above court appointed the defendant as an administrator of inherited property of the deceased C on August 14, 2019.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 18 (including branch numbers), the purport of whole pleadings

2. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff damages for delay calculated by the rate of 24% per annum from November 19, 2019, which is the day following the due date for the payment of the total sum of KRW 30,787,204, and the outstanding principal, etc., total of KRW 30,518,502, including the unpaid principal, etc., concerning the instant vehicle.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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