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1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
Reasons
1. Basic facts
A. The Plaintiff entered into a six automobile lease agreement (hereinafter “each of the instant vehicle lease agreement”) with the Defendant on the following terms: (a) a person operating a substitute driver company in the name of C; (b) the term of lease with the Defendant was set at 48 months from the date of delivery of the vehicle; and (c) a total of 16,014,000 won for each of the instant vehicles leased as such (hereinafter “each of the instant vehicles”); and (d) paid the Defendant a total of KRW 16,00
[Attachment1] 1 On September 17, 2014, deposit (vehicle number) 1.6 ACCENT (D) 1.443,00 2.6 ACCENT (D) 1.643,00 on October 2, 2014 3,084,000 426,000 426,000 3036,0036, ACCNT (D) on March 26, 2015, 1.64 40, 60, 30, 30, 30, 350, 40, 40, 40, 30, 350, 400, 40, 4040, 105, 106, 106, 36, 450, 400, 104, 2015, 10, 360, 4630, 404
B. In addition, where each of the instant car lease contracts is terminated, the Plaintiff and the Defendant agreed to apply 30% for the remaining period when the contract is terminated, 30% for the remaining period when the contract is terminated within a period of less than one year from the date of delivery of the vehicle, 20% for the termination of a period of more than one year and less than two years, and 10% for the termination of more than two years, respectively, and the customer charges to be paid by the Plaintiff at the time of the accident shall be imposed
Article 3 (2) Terms and Conditions of Contracts (2) Where the contract is terminated due to the circumstances or causes attributable to the customer, the customer shall pay the company penalty in accordance with the following formula, applying the front penalty rate for the number of days of the remaining rental period as of the date of termination of the contract to the company based on monthly rent (VAT excluded):
Penalty = monthly rental fee (excluding VT) X 12/365 X x X penalty rate, ① Customer shall not engage in any of the following acts with a leased vehicle:
3. An act of using for commercial transport or re-lease purposes: a contract under Article 10; and