(영문) 서울중앙지방법원 2014.11.28 2014나9433

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(영문) 서울중앙지방법원 2014.11.28 2014나9433

리스채무금

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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3.The reduction of claims in the trial.

Reasons

1. Basic facts

A. On July 1, 2011, the Plaintiff entered into a lease agreement with a Co-Defendant A Co-Defendant A Co-Defendant A (hereinafter “A”) with the terms that the CA car (hereinafter “Lease car”) is leased at KRW 36 months, monthly lease rate of KRW 2,939,200, annual interest rate of delay rate of KRW 24%, and remaining value of KRW 35,48,000 (hereinafter “instant lease agreement”).

B. Upon entering into the instant lease agreement, A entered into an agreement with the Plaintiff as follows.

(1) If A violates the duty to pay lease fees, etc. one time, the Plaintiff shall notify the performance of his/her obligation within a reasonable fixed period, and may immediately terminate the relevant lease contract, and may request the return of the relevant obligations already incurred and the leased articles or request the return thereof.

(2) Where a lease contract is terminated earlier and the procedures for returning the leased goods are completed, the fee for overdue termination shall be paid separately from the overdue lease fee.

(3) Where A delays the return of an article leased despite the termination of the lease contract, he/she shall compensate for the agreed amount of damage as of the date of termination.

(4) Where a vehicle is purchased on the grounds of early termination, the penalty shall be paid.

(5) If the total amount of debt A owed to the Plaintiff is insufficient to extinguish the full amount of debt A, the Plaintiff shall be liable to repay the debt as prescribed by the Plaintiff.

C. On March 25, 2013, the instant lease agreement was earlier terminated on the ground of the delinquency in the lease fees of A, and the Plaintiff, on May 16, 2013, received the Seoul Central District Court Decision 2013Kadan49146 on May 16, 2013, issued a provisional injunction on the transfer of the vehicle, and recovered the leased vehicle against A on May 27, 2013, by filing a lawsuit for the transfer of the vehicle with the said court as the Seoul Central District Court Order 2013Kadan51200, and sold the leased vehicle to KRW 39,190,000 after undergoing the public sale procedure on January 22, 2014.

1. As of January 23, 2014, A’s obligation to be paid to the Plaintiff is the settlement lease fee of KRW 2,749,576.

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