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(영문) 서울중앙지방법원 2015.06.05 2015가합2527
규정손실금
Text

1. The Defendant shall pay to the Plaintiff KRW 182,536,517 as well as 25% per annum from December 16, 2014 to the date of full payment.

Reasons

1. Facts of recognition;

A. On December 27, 2012, the Plaintiff entered into a facility lease agreement with the Defendant, setting the interest rate of 10% per annum (hereinafter “instant contract”) with the acquisition cost of 315,50,000 won for the automatic string period of 8 surface earth, 36 months, lease cost of 1-6 months, each of 2,103,40 won for the lease period of 1-6 installments, 7-36 installments, 9,647,300 won for each of 9,647,300 won, 110% for the unpaid principal of the fixed loss amount (102% for the user’s request), and 25% per annum for the overdue interest rate of 63,100,000 won from the Defendant (hereinafter “the instant contract”).

B. Of the basic terms and conditions of credit transactions applicable to the instant contract, the main contents are as follows.

Article 20 (Cancellation of Contracts by Financial Companies) (2) Where monthly rent has been continuously delayed at least twice a month, the financial company may request the customer to terminate the contract after notifying the customer of the delay of performance of the obligation and to return the leased article by not later than three business days prior to the date of termination of the contract, and where the customer is not notified by not later than three business days prior to the date of termination of the contract, the date three business days after the date the actual notification is delivered shall be

Article 24 (General Loss Amount) (1) In cases where a customer intends to purchase a leased object for earlier termination, he/she shall pay a stipulated loss to a financial company to the extent permitted by law, and in such cases, he/she shall pay all obligations, including the unpaid lease fee, interest on the recovered principal from the due date of the lease immediately before the termination to the due date, and other amounts due by the customer under the contract.

(2) In the case of paragraph (1), the amount of the stipulated loss shall be the amount calculated by multiplying the unpaid principal as of the date of termination of the contract by the stipulated loss rate of 10%.

In spite of the termination of this contract on the grounds of Article 25(Return of Lease Goods and Liability for Non-performance of Purchase Procedures) or the termination of the lease contract upon the expiration of the period under Article 22, the customer will not perform the procedures for returning or purchasing the leased goods.

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