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(영문) 서울중앙지방법원 2015.09.08 2013가단244085
해지금지급청구
Text

1. The Defendant’s annual payment of KRW 92,152,144, among KRW 101,815,819 and its money, to the date of full payment from July 13, 2013.

Reasons

1. Determination on the cause of the claim

A. The facts of recognition (1) In purchasing U.S. Ma450 (type 2006), the Defendant concluded a financial lease agreement with the Plaintiff on September 18, 2012 (hereinafter “instant lease agreement”) and paid the vehicle price and purchased the said vehicle.

The principal and interest repayment method of 14.99% overdue interest rate of 14.99% per annum on a 48-month interest rate of 150 million won in advance, 40 million won in advance, 40 million won in advance, and 14.9% interest rate per annum in the 48-month contract period: 5th day of each month; when the principal and interest are repaid in installments, the lessee shall bear the repayment fee - 4% of the remaining principal and interest - 3% of the outstanding principal and interest - if the contract termination period is more than 12 months: 3% of the remaining outstanding principal and interest - 12 months in the event the contract termination period is more than 12 months: the defendant delayed the repayment amount of the remaining unredeemed principal and 40 million won in June 5, 2013; the plaintiff notified the defendant of the termination of the repayment contract of this case on July 2013, 2013.

(3) Meanwhile, as of July 12, 2013, the date of the Plaintiff’s notice of termination, the amount of outstanding principal and interest and settled amount under the instant lease agreement as of July 12, 2013 is KRW 92,152,144, KRW 6,121,648, past interest and KRW 264,919, KRW 2,764,564, overdue interest and KRW 512,544, plus KRW 101,815,819.

【Ground for Recognition: Facts that there is no dispute between the parties or is not clearly disputed, Gap evidence 1 to 3, and the purport of the whole pleadings】

B. According to the above facts, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 24% per annum from July 13, 2013 to the full payment day, which is the overdue interest rate of 101,815,819 won for the termination of the lease contract of this case and the outstanding loan costs of 92,152,144 won, out of the outstanding loan amounts.

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