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1. The defendant shall pay to the plaintiff the amount of KRW 88,298,437 and KRW 79,140,776 from September 3, 2019 to the date of full payment.
Reasons
1. Basic facts
A. On May 21, 2019, the Plaintiff and the Defendant concluded an automobile lease agreement (hereinafter “instant lease agreement”) with the following content.
Lease Object: 79,823,720 Won for acquisition price of Wts E300 Amg Line: 75,000,000 won for monthly payment: 60 months for monthly payment: 1,578,210 won for each month, 285,500 won for December 1, 2024: A normal rate of 8.922% per annum: 24% per annum.
B. The Defendant lost the benefit of time due to the delayed payment of the monthly payment of the instant lease two times or more, and the Plaintiff terminated the instant lease contract on the ground that the Plaintiff lost the benefit of time.
C. As of September 2, 2019, the sum of the settlement amounts under the lease agreement of this case as of September 2, 2019 remains 8,298,437 won (=interest of KRW 7,771,783 (interest elapsed interest) of the remaining principal amount of KRW 1,190,905 in arrears of KRW 26,203 in arrears of KRW 168,770).
[Reasons for Recognition] Facts without dispute, each entry of Gap 1 through 6 (including virtual numbers) and the purport of the whole pleadings
2. Determination
A. According to the above facts as to the cause of the claim, since the lease contract of this case was terminated as the monthly payment of the defendant, the defendant is obligated to pay to the plaintiff damages for delay calculated at the rate of 24% per annum, which is the agreed interest rate of 24% per annum, from September 3, 2019 to the date of full payment, as to the total amount of KRW 88,298,437 under the lease contract of this case and the remaining principal amount of KRW 79,140,76 under the lease contract of this case.
B. As to the Defendant’s assertion, the Defendant asserted that the Plaintiff cannot accept the Plaintiff’s claim since the Defendant did not receive a vehicle which is the object of the instant lease agreement.
According to the evidence mentioned above, the defendant is proved to have received the leased object (vehicle) on the date of the conclusion of the lease contract of this case. The defendant is proved to have received the leased object No. 2 of this case.
4. The signature and seal is affixed to the certificate of receipt of the leased article.