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(영문) 대전지방법원 2016.02.04 2015가단213893
리스채무금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On July 18, 2014, the Plaintiff entered into a facility leasing agreement (hereinafter “instant contract”) with the Defendant with respect to the K5 vehicle (hereinafter “instant vehicle”) with the payment date 25 days.

B

B. Of the terms and conditions of the instant contract, the provisions pertaining to termination are as follows.

Article 14 (Fees for Termination and Damages) (1) In the event that an automobile is returned for earlier termination under Articles 20 and 21 of the Products Terms and Conditions, the customer shall, without delay, pay to the Company the fees for earlier termination calculated by the following:

- Early termination commission = (Presumption residual value on the front side of the rental fee 】 fee rate 】 remaining rental fee = (the monthly rental fee on the front side x 12) / 365 x the number of past days x the fee rate (the number of past days written in the table; hereinafter omitted) ② The number of past days in paragraph (1) 2 shall be (total number of contract days - the number of past days).

(3) Where an advance payment is made pursuant to Article 5 (1), the monthly rental fee referred to in Article 14 (1) shall be calculated as follows:

- Monthly rental fee = Article 20 (Termination of Contract by Company) (1) of the front cover “monthly rental” = The Company may cancel or terminate this Agreement without any notice or peremptory notice to the customer and claim for the return of the vehicle, if the cause falling under any of the following subparagraphs occurs to the customer:

1. Where a client has made an application for seizure, auction or other compulsory execution, or for disposition on default, or a notification of attachment has been sent to the company (hereinafter referred to as "influence") with respect to the property offered as security to the company.

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