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1. The Defendant shall pay to the Plaintiff KRW 54,178,284 and the interest rate of KRW 24% per annum from November 6, 2015 to the date of complete payment.
Reasons
1. Determination as to the cause of claim
A. Fact 1) On January 18, 2013, the Defendant agreed to repay the lease amount with the Plaintiff in the manner of installment of principal and interest, and concluded a facility lease agreement (hereinafter “instant contract”) with the following content.
(2) On the same day, the Defendant paid 21,105,000 won to the Plaintiff on the same day. The key provisions of the terms and conditions of the automobile rental agreement applicable to the instant contract are as follows: (a) KRW 21,105,00 to the Plaintiff; (b) KRW 350,443, 180 L 36 months, 350, 180, 3,597,980; (c) KRW 24% per annum.
- If any of the grounds set forth in Article 8(1) of the Terms and Conditions for Credit Transactions occurs to a customer, the financial company may terminate this Agreement without notice and peremptory notice and may require the customer to return the motor vehicle.
(Article 20(1). - If the customer delays the monthly rent not less than two consecutive times, the financial company may request the customer to terminate the contract after notifying the customer of the delay in the performance of the obligation and the termination of this Agreement by not later than three business days prior to the date of termination of the contract, and if 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 of actual notice shall be
(Article 20(2) - - The amount of damages shall be the amount calculated by multiplying the unclaimed principal as of the date of termination of the contract by the rate of 110% of the stipulated damages.
(Article 25(2) - - Where a customer fails to perform the procedures for return of motor vehicle or purchase despite the termination of the lease contract even on the grounds of Article 20, the financial company may claim damages as provided for in Article 25(2).
(Article 26. - If the customer fails to pay the amount to be paid to the financial company by the due date under this Agreement, such as the lease fee, the customer shall pay damages for delay at a rate of 24% per annum from the due date to the due date.
(Article 27 (1) 3 The defendant shall conclude the contract of this case.