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(영문) 서울중앙지방법원 2016.10.26 2016가단9832
리스채무금
Text

1. The Defendant’s KRW 14,570,974 and KRW 10,381,541 among the Plaintiff shall be 24% per annum from September 28, 2016 to the date of full payment.

Reasons

1. Basic facts

A. On May 10, 2010, the Plaintiff entered into an operating lease agreement (hereinafter “instant lease agreement”) with the Co., Ltd. (hereinafter “Nonindicted Company”) under which the Plaintiff acquired the instant vehicle and used it for the lease period, and the Nonparty Company would pay the price on a regular basis, and thereafter deliver the instant vehicle to the Nonparty Company at that time.

The lease period: 64,58,260 won: The residual value of 1,275 million won: the monthly rent of 20,502,00 won: 1,392,60 won: 24% per annum; 24% where the customer delays monthly rent at least twice consecutively, the financial company (referring to the plaintiff) may terminate the contract and claim the return of the motor vehicle by not later than three business days before the termination date of the contract, and where the customer fails to notify the termination date three business days before the date of termination of the contract, the date on which three business days after the date of actual notification is delivered.

B. Of the monthly rent under the instant lease agreement, the monthly rent from 34 minutes to 39 minutes was not paid to the Plaintiff.

[Reasons for Recognition] Gap evidence 2-3, Gap evidence 8, 9, Eul evidence 4, the purport of the whole pleadings

2. Assertion and determination

A. The Plaintiff’s assertion that the Plaintiff asserted the parties concerned had taken over the status of the parties under the instant lease agreement and had the monthly rent under the instant lease agreement been terminated by the Plaintiff’s declaration of intent to terminate the instant lease at least twice. However, the Defendant’s unpaid lease fees, remaining lease fees, and residual value at the time of termination of the instant lease agreement to the Plaintiff.

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