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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by each person;
Reasons
1. Basic facts
A. Status 1 of the parties is a company that operates a facility leasing business (lease), etc. that lends facilities, equipment, machinery, apparatus, etc. The defendant is a person who concludes a lease agreement with the plaintiff and uses the plaintiff's lease articles while operating a trade name "B".
B. (1) On October 15, 2013, the Plaintiff entered into a lease agreement with the Defendant with the term “Lease: 7 units of stampping center; 490,000,000 won of the acquired principal; 98,000,000 won of the deposit; 9,985,000 won of the monthly rent; 48 months of the lease period; 7.1% of the applicable interest rate; and 25% of the overdue interest rate” (hereinafter “the instant lease agreement”).
(2) At the time of the instant lease contract, the Plaintiff and the Defendant agreed to terminate the contract and claim the return of the leased article if the Defendant delayed the monthly rent on more than two consecutive occasions (Article 20(2)). In such a case, the Defendant agreed to pay the Plaintiff the fee for early termination or the stipulated loss on the part of the Plaintiff.
(Article 20(4). In addition, in case of returning leased goods for earlier termination, the Defendant agreed to pay the Plaintiff the fee for earlier termination, and the Defendant agreed to pay all obligations, including the unpaid lease fee and the amount to be borne by the Defendant under the contract as of the date of termination.
(Article 23). In the event of purchase of leased goods for earlier termination, the Defendant agreed to pay the Plaintiff the amount of prescribed loss. In this case, the Defendant agreed to pay the unpaid lease fee, interest on the recovered principal from the due date of the lease immediately before the termination to the due date, and all other obligations including the amount owed by the Defendant under the contract.
(Article 24(1). 3 The Plaintiff notified the Defendant on March 12, 2014 that the lease contract of this case was terminated even if it was in progress, and that the provision loss amount was paid.