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(영문) 의정부지방법원 2015.07.01 2014가단117274
대여금
Text

1. As to KRW 120,964,827 and its KRW 12,802,767 among the Plaintiff, the Defendant shall start from October 16, 2014 to December 5, 2014.

Reasons

1. Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 and 5 as to the cause of the claim, the plaintiff and the defendant entered into an operating lease agreement with the defendant on November 15, 2013, stipulating that on November 15, 2013, the plaintiff shall re-scheduled XJ 3.0 automobiles as lease deposit 27,120,000 won, monthly rent 2,936,500 won, residual value 20,340,000 won, and 60 months for lease period. The terms and conditions of the lease agreement applicable to the above lease agreement are (i) if the defendant company delays the performance of the obligation on more than two consecutive occasions, and (ii) if the contract was terminated at least three business days prior to the termination of the lease agreement, the plaintiff may terminate the lease agreement and claim the return of the automobile.

(Article 20(2) and (2) If the Defendant did not pay the amount to be paid to the Plaintiff under the above lease agreement, such as lease fees, by the due date, the Defendant shall pay damages for delay calculated by multiplying the interest rate of 24% per annum from the due date to the date of full payment.

(Article 27(1) and (3) In the event that the Defendant Company delays the return of the motor vehicle despite the expiration or termination of the above contract, the Defendant Company shall pay the Plaintiff the refund pension until the time the motor vehicle is returned (=day lease charge x the number of days elapsed x the expiration date 20

(Article 27(2) and (4) In the case of returning an automobile for earlier termination, the Defendant shall pay the Plaintiff the fee for early termination determined by the Plaintiff [in the case of returning the automobile for earlier termination: the intermediate termination fee = (in the calculation of the residual value of the remainder lease), the fee rate, the residual lease fee = monthly lease fee x 12/365 x the number of days elapsed, the number of days elapsed

(Article 24(1) and (5) Where the defendant fails to return the motor vehicle despite the termination of the lease contract, the plaintiff may claim against the defendant for damages under Article 25(2) (i.e., the amount of unpaid principal as of the termination date of the contract x the rate of statutory damages and the rate of statutory damages 110%).

(6) and (6) Any taxes and public charges, fine for negligence, etc. related to the use of motor vehicles.

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