Text
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. Basic facts ① Lease deposit: 17,900,000 won: 36 months: 2,307,600 won per annum: 24% per annum.
A. On April 27, 2013, the Plaintiff was incorporated for the purpose of installment financing business, facility leasing business, etc., and entered into a car lease agreement (hereinafter “instant lease agreement”) with Nonparty Co., Ltd. (hereinafter “B”) as follows, and the Defendant is written as a joint guarantor in the instant lease agreement.
section 5(1) In order to secure the performance of all kinds of obligations to be borne by the customer under this contract, the customer shall pay to the Company the deposits entered in (5) in cash at the same time as this contract is concluded.
(3) If the lease term expires or the customer falls under any cause for termination of this contract, the company may appropriate a security deposit for performing all obligations under this contract which the customer bears.
Provided, That where the deposit is insufficient to extinguish the full amount of the customer's obligation, the company may appropriate it in the order of expenses and interest.
Article 17: (1) In the event that a customer selects an operation lease product on the front of this Agreement and the contract is terminated or terminated under Articles 26 and 27, the customer shall without delay pay the company the fee for early termination by the following formula:
Provided, That this Article shall apply in cases where the obligation to return the vehicle is fulfilled in accordance with Article 30, and Article 28 shall apply in cases where the obligation is not fulfilled.
Fees for early termination = (amount of monthly rent 】 10%)/30 】 Number of unused days 】 35% 】 (2) The number of past days under paragraph (1) shall be (total number of contract days - the number of past days).
(3) The excess operation distance calculated pursuant to paragraphs (1) and (2) shall be made.