(영문) 서울중앙지방법원 2015.09.16 2014가단210669

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(영문) 서울중앙지방법원 2015.09.16 2014가단210669

리스채무금

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1. The defendant shall pay to the plaintiff KRW 74,512,286 and KRW 63,972,447 among them, from October 9, 2014 to the date of full payment.

Reasons

1. Facts of recognition;

A. On January 17, 2014, the Plaintiff and the Defendant leased 72,249,090 passenger cars at KRW 72,249,090. The Defendant repaid the lease amount in equal installments with the principal and interest, and entered into an automobile lease agreement with the rate of compensation for delay at 24% per annum (hereinafter “instant lease agreement”), and the Defendant signed and sealed the vehicle acceptance certificate column at the bottom of the specifications of the automobile lease agreement on the same day.

In the column of the above vehicle acquisition certificate, it is stated that “A vehicle under this automobile lease agreement is fixed in accordance with the specifications of the automobile lease agreement, it is aware that the lease period will begin, and that the automobile will also comply with all the provisions of the lease agreement, along with the acquisition of the vehicle.”

B. The Defendant delayed the payment of the above lease amount and lost the profit of installment and time limit.

C. As of October 8, 2014, the remainder of the lease price is KRW 74,512,286 in total.

(Amount of principal KRW 63,972,447, 10,539,839, such as interest and penalty). [Grounds for recognition] A without dispute, entry in Gap 1, 2, Gap 7, and the purport of the whole pleadings

2. According to the above facts finding as to the cause of claim, the Defendant is obligated to pay to the Plaintiff the remainder of the lease price of KRW 74,512,286, and the principal amount of KRW 63,972,447, and 24% interest per annum from October 9, 2014 to the date of full payment, barring any special circumstance.

3. Judgment on the defendant's assertion

A. Defendant’s assertion 1) The Plaintiff should first seek the return of the leased motor vehicle before claiming the lease price pursuant to Articles 20 and 26 of the instant lease agreement. (2) The Plaintiff entered into the instant lease agreement with the Defendant and purchased the leased motor vehicle released under the name of the Defendant, and was also liable for the lease fee. As such, the actual party to the instant lease agreement is not the Defendant, but B.

3. The claim of this case is filed because the lessee of this case was delivered the above automobile to a third party, not the defendant.

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