Text
1. Defendant A shall pay to the Plaintiff KRW 11,928,874 as well as 24% per annum from April 1, 2017 to the date of full payment.
Reasons
1. On October 16, 2014, the Plaintiff entered into a lease agreement with Defendant A and CMW vehicle (hereinafter “instant vehicle”).
(1) Terms and conditions of a contract: 48 months from the date of delivery of the vehicle: 1270,000 won per month, 1270,000 won per month, 30% for less than one year from the date of delivery of the vehicle, 20% for less than two years, 10% for more than two years, 24% for more than two years, 24% for interest rate: 24%, 6390,000 won for the value of the certificate of performance bond, 6.6% for customer charges: 30,000 won per accident.
Defendant A received the instant vehicle on November 18, 2014, and delayed the payment of the rent on February 2, 2015 and March 3, 2015 during operation.
Defendant B, among them, was exposed to Seoul Special Metropolitan City on March 27, 2015 when Defendant B performed an act of commercial transport with the instant vehicle.
On April 14, 2015, the Plaintiff notified Defendant A of the termination of the contract due to overdue rental fees and prohibited acts (act of free transport).
The unpaid amount until termination of the contract is ① 294,160 won for unpaid customer charges due to an accident in December 21, 2014, ② 2,970,838 won for unpaid rental fees and overdue interest of KRW 102,347, ③ penalty of KRW 14,951,529, and KRW 11,928,874 is excluded from guaranteed insurance money of KRW 6,390,000.
On the other hand, due to an accident on December 21, 2014, the Plaintiff spent KRW 1,625,649, excluding customer charges, as repair cost.
On April 10, 2015, the Plaintiff spent KRW 29,66,753 as repair costs due to an accident.
The terms and conditions of a lease agreement are as follows.
Article 4 (Settlement and Payment of Lending Fee) 3 When the customer delays the payment of the lending fee, the overdue interest shall be paid.
(zb) Article 5 (Requirements for Qualifications as Drivers) (2) The driver of a leased vehicle shall be able to drive the contractor himself/herself and his/her spouse, lineal ascendants and descendants and siblings of the contractor and his/her spouse, and the executives and employees of the contractor's workplace in cases of the customer of the leased vehicle; Article 8 (Prohibited Acts) (1) 3