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(영문) 의정부지방법원 2016.11.15 2015가단40166
렌트대금
Text

1. The Defendant shall pay to the Plaintiff KRW 15,778,575 and the interest rate of KRW 24% per annum from January 27, 2016 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On March 2014, the Plaintiff concluded a rental contract (hereinafter “instant rental contract”) with respect to the vehicle number B, and the vehicle number C K7 vehicle (hereinafter “instant vehicle”) under the name of the Defendant, setting the monthly rental fee of KRW 742,50, and the agreed period of KRW 48 months and the overdue interest rate of KRW 24% per annum.

B. Before entering into the instant siren contract, the Defendant issued a certificate of personal seal impression issued to B on March 4, 2014 to the Defendant. On March 6, 2014, the Defendant received the phone from the Plaintiff and provided detailed information on the content of the instant siren contract, and confirmed the conclusion of the contract as a contracting party to the instant siren contract.

C. From September 26, 2015, the Defendant lost the benefit of the time due to the Defendant’s failure to pay rental fees for at least 60 days, and thus, sent to the Defendant a confirmation of the content that the Defendant would refund the instant rental fee and the amount of damages, and deliver the instant vehicle to return it, and that the Defendant would deliver a conclusive termination declaration, and reached around that time.

Under the terms and conditions of the Plaintiff at the time of the instant siren contract, the Defendant shall pay the termination fee even in cases where the instant siren contract is terminated halfway and the procedure for return of the automobile is completed, and ② in cases where the return of the automobile is delayed despite the termination of the instant siren contract despite the termination of the contract, the repayment delay amount shall be paid. With respect to the instant siren contract, 15,845,79 won (i.e., the claim amount to be terminated: KRW 28,573,072- the settlement amount for termination as of December 2, 2015 (i.e., KRW 12,727,273). Of them, the principal of the instant overdue charge as of January 26, 2016 is KRW 15,78,575 won.

[Ground of recognition] The absence of dispute, Gap evidence Nos. 1 through 3, and Eul evidence No. 1 are the same.

The defendant asserts that it was forged because the signature and seal of the rental contract of this case are not his own.

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