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1. The defendant shall pay to the plaintiff the amount of KRW 105,116,087 and the amount of KRW 105,076,462 from June 27, 2019 to the date of full payment.
Reasons
1. Vehicles: 1. A vehicle: BenzS50L (new type), D (2): 2,759,500 won: 3. overdue interest rate: 17.5% per annum.
A. On December 24, 2018, the Plaintiff entered into the instant lease agreement (C) with the Defendant on the following terms and conditions (hereinafter “instant lease agreement”).
B. The Defendant lost the benefit of time due to the delayed payment of monthly rent, and the instant lease agreement was terminated.
C. The principal and interest of the lease obligation that the Defendant is obliged to pay to the Plaintiff as of June 26, 2019 is KRW 105,076,462, and KRW 39,625,000, in total, KRW 105,116,087.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8, purport of the whole pleadings
2. Determination:
A. According to the above facts, the Defendant stated that the overdue interest rate of KRW 105,116,087 and KRW 105,076,462 among the above lease obligations is 17.5% per annum, which is the overdue interest rate of KRW 17.5% per annum, from June 27, 2019 to the date of full payment, as stipulated in the evidence No. 1 (certificate of contract fact) and No. 5 (certificate of claim) of the above lease obligations, as the overdue interest rate of KRW 17.5% per annum.
shall be liable to pay damages for delay calculated in proportion to the
(Plaintiff’s assertion that the overdue interest rate is 24% per annum, but there is no evidence to acknowledge it, and the Plaintiff’s assertion seeking payment of damages for delay exceeding 17.5% per annum from June 27, 2019 to the date of full payment is without merit).
The defendant concluded the lease contract of this case by paying rent on behalf of the defendant while using his vehicle and dividing profits. Since he was aware of the fact that he received fraud, and he was currently under investigation by filing a criminal complaint, he cannot accept the plaintiff's claim. However, the defendant's claim cannot be rejected on the ground that the above reasons alleged by the defendant alone.
3. If so, the plaintiff's claim is accepted within the above scope of recognition, and remainder.