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(영문) 서울중앙지방법원 2015.09.17 2014가단268583
해지금
Text

1. The Defendant shall pay to the Plaintiff KRW 43,404,739 and the interest rate of KRW 24% per annum from September 28, 2012 to the day of full payment.

Reasons

1. Facts of recognition;

A. On December 29, 2011, the Defendant entered into a financial lease agreement with the Plaintiff to purchase BMW 740i F10 (hereinafter “instant automobile”) as follows.

The monthly interest rate of 2,01,225% per annum on December 29, 201, 201, 112,000,905 won repayment deposit of KRW 70,200,000 on December 29, 201, 24% per annum of interest rate of KRW 2,01,225 per annum for 10.99% per annum for 36 months during the contract period of 36 months.

B. After paying the lease fee by six-minutes, the Defendant lost the benefit of August 29, 2012 by delay from July 2012. The Plaintiff terminated the lease agreement on September 28, 2012. The details of the remaining credit amount as of the date of termination are as follows.

Items 103,859,642 A. 5 of the unpaid principal 103,85,642 A. 7 and August 20,820,821,739 won in aggregate of KRW 120,821,739,000,000,000,000 KRW 1,150,000,000,000,000 KRW 1,20,000,000,000,000 KRW 1,20,000,000,000,000 KRW 1,20,00,000,000,000 KRW 1,20,821,739

C. After the sale of the instant vehicle through the public auction, the Plaintiff received KRW 77,417,00,000 except for the public auction fees, and appropriated the remainder in the order of the costs, interest, and principal of the instant claim, and the remainder in the claim is KRW 43,404,739.

[Ground of recognition] Unsatisfy, entry (including serial number) of Gap1 to 8, purport of the whole pleadings

2. According to the facts seen earlier, the Defendant is obligated to pay to the Plaintiff the remaining principal KRW 43,404,739 and the interest rate at the rate of 24% per annum from September 29, 2012 to the date of full payment, which is the day following the termination date of the contract.

3. According to the conclusion, the plaintiff's claim is accepted on the ground of the reasons.

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