The defendant shall apply the rate of 12% per annum to the plaintiff from December 4, 2020 to the day of complete payment.

Description of Claim

A. On April 30, 2019, the Plaintiff entered into a lease agreement (hereinafter “the instant lease agreement”) with C Co., Ltd. stating that the vehicle price of KRW 78,200,000 is operating KRW 2,189,60 for the lease term and monthly rent of KRW 36 months, monthly rent of KRW 2,189,60.

B. On the same day, the Plaintiff and the Defendant paid 41,618,170 won deposit (hereinafter “the instant subsidy”) to the Defendant, and the Defendant concluded a contract under which KRW 1,989,600 (hereinafter “the instant subsidy”) will be paid to the Plaintiff as a subsidy for monthly rent under the instant lease agreement (hereinafter “the instant subsidy contract”). In the event the Defendant fails to pay the instant subsidy to the Plaintiff for more than one month due to the special terms and conditions of the said contract, the contract shall be terminated and the agreement shall be paid to the Plaintiff at 200% of the total value of the automobile (hereinafter “the instant special agreement”).

(c)

The Plaintiff paid the instant security deposit to the Defendant immediately after the conclusion of the instant support contract, but the Defendant did not pay the instant grant to the Plaintiff from June 2020 to that date.

(d)

Therefore, the instant support contract was terminated on July 1, 2020 after the lapse of one month from June 1, 2020, when the Defendant delayed the payment of the instant subsidy, and thus, the Defendant is obligated to return the instant subsidy to the Plaintiff by restitution following the termination of the said support contract.

In addition, according to the instant special agreement, the Defendant is obligated to pay the Plaintiff KRW 156,40,000 (=vehicle price of KRW 78,200,000 x 2) with the price of the instant automobile 200%.

Therefore, the Defendant prescribed the Act on Special Cases Concerning the Promotion of Legal Proceedings, etc. from December 4, 2020 to the date of delivery of a copy of the instant complaint, which is KRW 198,018,170 (i.e., KRW 41,618,170, the instant deposit price of KRW 156,40,000) to the Plaintiff.