(영문) 의정부지방법원 2014.10.17 2014나4966

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 2014.10.17 2014나4966

약정금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Determination as to the cause of claim

A. 1) On January 13, 2011, the Plaintiff entered into a lease agreement with the Defendant on the following terms with respect to the vehicles YFH (B) (hereinafter “instant lease agreement”).

A) A) The lessee concluded a contract: The Plaintiff and the lessee’s contractual period: the monthly lease fee of 44 months: 735,300 won: the Defendant may terminate the contract and claim the return of the vehicle if he/she delays the payment of the lease fee even once. In such cases, the Defendant shall pay the Plaintiff the interest for delay and the fees for early termination of the lease fee of 24% per annum from the date of the contract to May 2013. 2) The Defendant paid the lease fee to the Plaintiff according to the instant lease contract, but on June 2013 and the same year.

7. Each of the pertinent monthly rent was not paid, and on July 18, 2013, the Plaintiff notified the Defendant that the instant lease contract is terminated unless the overdue rent is paid by August 2, 2013.

3) On August 23, 2013, the Defendant did not pay the rent in arrears even in the Plaintiff’s notice, and the Plaintiff notified the Defendant that the instant lease contract was terminated on or around August 23, 2013. (4) On September 10, 2013, the unpaid rent that the Defendant is liable to pay to the Plaintiff is KRW 19,133,967, and the sum of the overdue damages and the fees incurred therefrom is KRW 19,151,236.

[Grounds for recognition] Each entry of Gap evidence Nos. 1 through 31 (including the number with each number) and the purport of the whole pleading

B. According to the facts found in the above determination, the instant lease agreement was terminated on August 3, 2013 pursuant to the special agreement on early termination by the Defendant’s delinquency in the lease fee and the Plaintiff’s notification of termination to the Defendant on the grounds of delinquency in the lease fee.

As such, the defendant is liable to pay the plaintiff unpaid rental fees, damages for delay, and fees up to September 10, 2013, total 19,151,236 won, and unpaid rental fees 19.

유사 판례

-서울남부지방법원 2016.03.29 2015가단237322

-광주지방법원 2015.05.08 2014나10768

-서울남부지방법원 2017.04.04 2016가단250414

-창원지방법원마산지원 2016.05.26 2016가단100297

-서울북부지방법원 2015.05.01 2014가단126459