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(영문) 대전지방법원논산지원 2019.02.14 2018가단22612
사용료
Text

1. The defendant shall pay to the plaintiff the amount of KRW 14,341,469 and the amount of KRW 14,303,848 from December 18, 2018 to the date of full payment.

Reasons

Facts of recognition

On April 7, 2016, the Plaintiff entered into a facility lease agreement with the Defendant with respect to the E Q Q90 Mar. 8, 2010 juitius (hereinafter “instant vehicle”). The Plaintiff entered into a facility lease agreement with the Defendant for the lease fee of KRW 2,068,50 per month, the period of 48 months, the overdue interest rate of KRW 24% per annum, the remaining value of the vehicle at KRW 34,010,000 (lease).

(hereinafter “instant lease contract”. In the instant lease contract, where the Defendant has delayed the monthly rent not less than two consecutive times, the Plaintiff may terminate the instant lease contract and claim the return of the vehicle. In this case, the Defendant shall pay the Plaintiff the fees or damages for early termination (the amount calculated by multiplying the unpaid principal by the loss rate).

(Article 20 of the Terms and Conditions). In addition, if the Defendant fails to pay the amount to be paid to the Plaintiff under the lease agreement of this case by the payment date, he shall pay damages for delay at an interest rate of 24% per annum.

(Article 27 of the Terms and Conditions). The Defendant delayed the payment of the lease fees after the instant lease agreement, and the Plaintiff terminated the instant lease agreement on the grounds of this, around September 13, 2018.

As of December 17, 2018, the Defendant’s debt amount calculated under the terms and conditions agreed in the instant lease agreement is KRW 14,341,469 (i.e., KRW 14,303,848 for delay damages of KRW 37,621).

【In light of the fact that there has been no dispute, the entries in Gap’s evidence Nos. 1 through 5, the purport of the entire pleadings, and the facts of the above recognition, the defendant is obligated to pay to the plaintiff the damages for delay calculated at the agreed interest rate of 24% per annum from December 18, 2018 to the date of full payment, with respect to the amount of KRW 14,341,469 as well as the amount of KRW 14,303,848 as well as statutory damages.

The plaintiff's claim is reasonable, and it is so decided as per Disposition.

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