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1. The defendant shall pay to the plaintiff the amount of KRW 42,738,058 and KRW 42,690,459 among them, from June 17, 2015 to the day of full payment.
Reasons
1. Facts of recognition;
A. On July 4, 2013, the Plaintiff entered into an automobile leasing agreement with the Defendant with the following content.
- 약정기간 : 60개월 - 월 리스료 : 1,206,600원 - 연체이율 : 연 24.00% - 잔존가치 : 21,614,000원 - 모델명 : K9 3.3 이그제큐티브 - 차량번호 : A - 피고는 리스계약이 중도 해지되어 자동차를 반환하고자 할 경우 연체리스료와 별도로 리스계약 중도해지에 따른 수수료를 지급한다.
- If the defendant fails to comply with the procedure for return or purchase of the motor vehicle, the defendant may claim the statutory damages.
B. The Defendant started to pay the rent in arrears and demanded the Defendant to pay the rent in arrears on several occasions, but failed to pay it. The Plaintiff notified the termination of the lease agreement if the Plaintiff did not pay the rent in full. However, the above lease agreement was terminated on June 16, 2015 due to the Defendant’s failure to pay the rent in arrears.
C. As of June 16, 2015, the obligation that the Defendant is liable to pay to the Plaintiff is KRW 42,738,058,058, excluding KRW 12,008,00,000,058, in total, KRW 51,641,738, and KRW 51,641,738, and KRW 54,746,058, which the Defendant paid to the Plaintiff.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings
2. According to the above findings of the determination, the defendant Han-chul Co., Ltd. is obligated to pay to the plaintiff 42,738,058 won and 42,690,459 won among them (excluding delay damages 47,599 won) interest rate per annum 24% interest rate per annum from June 17, 2015 to the date of full payment.
3. The plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.