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(영문) 서울고등법원 2018.05.16 2017나2027561
구상금
Text

1. The judgment of the first instance, including the claims modified by this court, shall be modified as follows:

The defendant.

Reasons

(b) 3 business days have elapsed from the date of termination of the contract unless the notification is made to the customer by 3 business days prior to the date of termination of the contract;

(4) If a contract is terminated due to an occurrence of a cause under this Article, the customer shall pay the fee for early termination or prescribed loss to the financial company under Articles 24 and 25 for the damage incurred to the financial company.

Article 22 (Termination of Lease Contract) (2) In the event of termination even after the termination under Articles 20 and 21, the customer shall pay the fee for early termination and the amount of loss incurred under Articles 24 and 25, and shall compensate for losses incurred during the lease period in addition to all the fees for the transfer of ownership and the cancellation of the collateral.

Article 24 (Termination Fee) (1) Where a customer intends to return an article on the grounds of termination on the grounds of termination, he/she shall pay the fee for early termination as determined by the financial company to the extent permitted by statutes.

*The early termination fee = the remaining lease fee 】 the early termination fee rate ? (2) In paying the early termination fee under paragraph 1, the customer will pay all obligations including the unpaid lease fee and the amount borne by the customer on the contract as of the date of termination.

Article 25 (General Amount of Loss) (1) In cases of purchasing an article on the ground of termination, the customer shall pay the prescribed loss to the financial company to the extent permitted by law, and in such cases, he/she shall pay all obligations, including unpaid lease fees and the amount borne by the customer on the contract.

(2) In the case of paragraph (1), the amount of stipulated loss shall be calculated by multiplying the outstanding principal as of the date of termination of the contract by the rate of stipulated loss under the contract between the customer and the financial company.

Article 26 (Liability for Return of Goods or Failure to Fulfill Purchase Procedures) (2) A lease agreement shall be terminated even if this contract is terminated by any cause under Article 20, or at the expiration of the period under Article 22.

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