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(영문) 수원지방법원 2016.01.19 2015가단120129
리스채무금
Text

1. The Defendant shall pay to the Plaintiff KRW 118,69 and the interest rate of KRW 25% per annum from October 15, 2015 to the day of complete payment.

Reasons

Facts of recognition

On April 30, 2012, the Plaintiff entered into a lease agreement with the Defendant on April 30, 2012, with respect to Hatchbbback A/T, with an acquisition cost of KRW 25,792,00 for 36 months of the lease period, and delayed interest rate of KRW 25,00: 25% (hereinafter “instant lease agreement”).

According to the instant lease contract, the Plaintiff may terminate the contract even if the Defendant delayed the payment of the lease fees on at least two occasions, and if the contract was terminated even during which the contract was terminated, the Defendant agreed to pay the Plaintiff all obligations, including the amount owed by the Defendant under the agreement, such as the fee for early termination, penalty, and unpaid lease fees, until the date of termination.

The lease contract of this case terminated on April 30, 2015, and on the same day, it is KRW 24,960,000 of the recovered principal.

On July 3, 2015, the Plaintiff received KRW 24,778,182 from the Defendant and appropriated KRW 1,229,000 for repayment. On October 14 of the same year, the Plaintiff received KRW 1,280,000 from the said money and appropriated KRW 51,000 for repayment.

[Ground of recognition] In light of the facts without dispute, Gap evidence Nos. 1 through 5, and the facts of the above recognition as to the grounds for the claim as a whole, the defendant is obligated to pay to the plaintiff damages for delay calculated at the rate of 25% per annum, which is the agreement rate from May 1, 2015 to the date of complete payment, the date following the expiration date of the period for which the plaintiff seeks to pay the unpaid principal to the plaintiff.

The plaintiff 1-C

If the person who received the reimbursement in the order of the expenses, interest, and principal are satisfied in order, 133,524 won will remain as of October 15, 2015 as shown in the attached Table.

Therefore, the defendant is obligated to pay to the plaintiff 118,69 won and damages for delay calculated at the rate of 25% per annum from October 15, 2015 to the date of full payment.

The defendant's assertion is unfair because the plaintiff silents the defendant's legitimate re-lease request.

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