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(영문) 서울중앙지방법원 2016.06.10 2015가단113147
채무부존재확인
Text

1. As to KRW 12,435,585 among the Plaintiff-Counterclaim Plaintiff and KRW 12,018,138 among the Plaintiff-Counterclaim Plaintiff, the Plaintiff (Counterclaim Defendant) from April 8, 2016.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On July 24, 2014, the Plaintiff entered into a new long-term returned vehicle lease agreement with the Defendant, setting the monthly rent of KRW 809,000 for the instant vehicle (hereinafter “instant vehicle”) as KRW 36 months, the overdue interest rate of 24%.

(hereinafter referred to as “the instant siren contract”). (b)

The Plaintiff paid KRW 186,00,000 after entering into the instant rental contract, and delayed the rental fee for four months, the Defendant terminated the instant rental contract as of December 4, 2014 and notified the Plaintiff that the said vehicle should be returned to the Plaintiff.

C. On April 20, 2015, the Plaintiff returned the instant vehicle. D.

According to the instant rental contract, where the contract has been terminated even due to the customer's circumstances or causes, the customer shall pay the company the penalty [monthly rental fees x 12/365 x the days yet to elapse x 12/365 x the penalty rate x the penalty rate (20% less than one year from the date of delivery of the vehicle, less than two years, 20% less than two years), and where the customer fails to return the vehicle to the chemical company at the time of termination of the contract, the customer shall pay the daily average (monthly rental fee x 12/365) calculated by converting the monthly rental fee on a daily basis from the date following the date of termination of the contract to the date of return from the date of termination of the contract period, in addition to the penalty.

E. The Plaintiff did not pay the Defendant the amount of KRW 12,435,585,585,585,582 for unpaid rental fees, penalty 6,985,412, and additional rental fees equivalent to rental fees from the termination date to the return date of the vehicle from the termination date, as shown in the attached Form of Claim List.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, Eul evidence 1, 4, 7 (including provisional number; hereinafter the same shall apply), the purport of the whole pleadings

2. According to the facts of the judgment on the Defendant’s counterclaim, the Plaintiff’s total amount of KRW 12,435,585 rental fees of KRW 1,388,902, KRW 6,985,412, KRW 3,643,824.

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