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(영문) 대전지방법원논산지원 2014.11.06 2013가단10812
리스채무금
Text

1. The Defendant shall pay to the Plaintiff the amount of KRW 136,139,063 and KRW 135,68,300, out of the above amount. The Defendant shall pay to the Plaintiff the full amount from December 11, 2012.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1 to 7, 10, 11, 12, and Eul evidence No. 10:

On May 11, 2012, the Plaintiff and the Defendant BMW 730D car, together with the Defendant’s certificate of personal seal impression, a copy of the business registration certificate, a copy of the passbook, a copy of the passbook, and a copy of the identification card of the Defendant C at the time of the issuance of the contract with the effect that the Plaintiff entered into the facility lease contract with the term of 36 months, lease fee of KRW 3,598,100, lease deposit of KRW 24,400, residual value of KRW 40,260,000, and overdue interest of KRW 24% per annum.

According to the above facility lease contract, the lease execution date shall be the date when the defendant takes over the above vehicle (Article 5(1)), and if the defendant issues the vehicle acquisition certificate, the above vehicle shall be deemed to have been delivered (Article 5(2)). If the defendant loses the benefit of the time due to the termination of the above facility lease contract, the defendant shall pay the remaining lease fee with the fee for early cancellation, and if the above vehicle is not returned, the defendant shall pay the compensation for damages equivalent to the remaining value, and the penalty and the fine for negligence incurred by the driver's negligence shall be borne by the defendant.

B. The Defendant remitted 6,162,680 won to the Plaintiff on June 20, 2012, and 6,952,722 won on July 11, 2012.

C. On December 10, 2012, the Plaintiff notified the termination of the above facility lease agreement on the grounds of the Defendant’s delinquency in paying rent.

According to the contents, etc. of the above facility lease contract, the sum of the amount the Defendant is obligated to pay to the Plaintiff, including the overdue lease charge as of December 10, 2012, the remaining lease charge, the residual value of the vehicle, the residual value of the vehicle, and the fine for negligence on December 10, 2012, shall be KRW 135,68,30 [The remainder of KRW 25,800 for the overdue lease charge of KRW 104,34,90 for the remainder of KRW 25,80 for the overdue lease charge of KRW 15,457,60 for the overdue lease charge of KRW 29,598,10 for the overdue lease charge of KRW 24,400 for the delay damages of KRW 40,260 for the remainder value of KRW 3

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