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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. Facts of recognition;
A. On September 27, 201, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant to purchase the instant automobile after the Defendant paid the Plaintiff KRW 43,595,400 in residual value of the instant automobile to the Plaintiff on September 27, 201, with the lessee, the lessee, the monthly rent of KRW 565,962, the lease period of KRW 36 months, the overdue interest rate of KRW 25% per annum, the acquisition of the instant automobile, the registration tax, and the cost of the instant automobile to be incurred by the Plaintiff.
B. After the Defendant paid the instant automobile rent 32 times, the Defendant delayed the payment of the rent, and on September 27, 2014, returned the instant automobile to the Plaintiff.
C. The lease agreement of this case expired as of September 29, 2014, and as of the same day, the principal and interest on the instant lease agreement is KRW 46,291,248 (=2,263,848 (=the lease fee of KRW 565,962x 4) imposed on July 28, 2014, and KRW 432,595,400 (the residual value of KRW 43,595,400) and overdue interest of KRW 122,829).
On September 30, 2014, the Plaintiff sold the instant vehicle to KRW 31,00,000,000, and appropriated the interest rate of the principal and interest on the instant lease agreement to KRW 122,829, and KRW 30,877,177, out of the principal amount under the instant lease agreement as of September 29, 2014. The principal and interest on the instant lease agreement remains to KRW 15,414,07.
E. Meanwhile, as of December 15, 2014, KRW 240,210 of the automobile tax was imposed retroactively on the instant automobile as of December 15, 201, and interest accrued for KRW 15,414,07 of the said principal until the same day is KRW 802,376.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. According to the above facts of determination as to the cause of the claim, barring any special circumstance, the Defendant shall pay to the Plaintiff the principal of KRW 16,456,63 as of December 15, 2014, the principal and interest of KRW 15,414,07,07, as of December 15, 2014.