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(영문) 서울중앙지방법원 2020.04.17 2019가단5209881
사용료
Text

1. The defendant shall pay to the plaintiff KRW 51,695,045 and the amount of KRW 50,597,921 from July 24, 2019 to the day of full payment.

Reasons

1. On June 11, 2018, the Plaintiff entered into a lease agreement (hereinafter “the instant lease agreement”) with the Defendant on the basis of determining the cause of the claim: (a) KRW 179,514,530, lease term of KRW 60, interest rate of delayed interest rate of KRW 24%, deposit amount of KRW 16,80,000; (b) the Plaintiff may terminate the instant lease agreement if the Defendant delayed the payment of the lease fees on at least two occasions; and (c) the Defendant did not pay the Plaintiff the principal and interest of the lease amount of KRW 50,50,00 from May 20, 2019 to the unpaid payment date; and (d) the Defendant did not notify the Defendant of the termination of the lease agreement; (e) the Plaintiff’s repayment of the principal and interest rate of KRW 16,80,00,000; and (e) the Plaintiff’s repayment of the Plaintiff’s obligation to the Plaintiff on June 20, 2019.

According to the above facts, the defendant is obligated to pay to the plaintiff 51,695,045 won and 50,597,921 won in total, including principal and automobile tax (=50,561,921 won 36,000 won), which is the following day of the above basic date, delay damages calculated at the rate of 24% per annum, which is the agreed interest rate from July 24, 2019 to the date of full payment.

2. Judgment on the defendant's assertion

A. The defendant's assertion is that the defendant entered into the lease contract of this case in the name of the defendant at the request of D, a member of the defendant's mother C, and the lease fee shall be paid D. Thus, the plaintiff knew that E, who was to be the nominal owner of the lease contract of this case, became the nominal owner because it was difficult for the plaintiff to become the nominal owner of the lease contract of this case to become a party to the lease contract of this case, so the defendant is not a party to the lease contract

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