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(영문) 대전지방법원 2016.02.17 2015가단207249
리스채무금
Text

1. The Defendant shall pay to the Plaintiff KRW 32,048,287 and KRW 31,60,824 among them, 24% per annum from July 14, 2015 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff entered into a car lease agreement with the Defendant (hereinafter “instant lease agreement”) with the following details:

(1) Date of a contract: (2) On May 27, 2014: 60 months. (3) Monthly rent: 1,175,500 won: overdue interest rate: 24%: remaining value: 18,235,00 won.

B. Meanwhile, at the time of the instant lease contract, the Defendant entered into an agreement that “where the Defendant has delayed monthly rent more than twice, the Plaintiff was immediately performing the obligation, and the Plaintiff was notified to the Defendant at least three business days prior to the termination date of the instant lease contract, and then may cancel the contract and claim the return of the automobile (Article 20(2) of the Terms and Conditions). In the event of the termination of the contract, the Defendant entered into an agreement that “The Defendant shall pay the fees for early termination or statutory damages (Article 20(4) of the Terms and Conditions)”

C. Upon the Defendant’s delinquency of more than two lease fees, the Plaintiff notified the Defendant of the termination of the instant lease agreement on February 28, 2015, and the said termination notice reached the Defendant around that time.

On July 14, 2015, the Defendant returned the leased vehicle to the Plaintiff, and as of the day immediately preceding the date of the return, the details of the settlement amount, including the fee for early termination, that the Defendant shall pay to the Plaintiff according to the instant lease contract are as follows.

(1) Overdue lease fee: 8,930,739 won in arrears.

2. Determination

A. According to the factual basis of the judgment on the cause of the claim, barring any special circumstance, the Defendant is entitled to the Plaintiff’s 1-D following the termination of the instant lease agreement.

32,048.

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