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1. Of the judgment of the court of first instance, KRW 11,467,155 against the Plaintiff and the Plaintiff shall be fully repaid from October 21, 2016.
Reasons
1. Basic facts
A. On April 29, 2015, the Plaintiff entered into a contract with the Defendant on the lease term of 36 months, lease deposit of 12,600,000 won, estimated residual value of 18,90,000 won, monthly lease fee of 1,997,000 won, and overdue interest rate of 24% per annum (hereinafter “instant contract”). The Plaintiff’s terms and conditions attached to the instant contract (hereinafter “instant contract”) include the following:
Article 20 (Termination of Contracts by Financial Companies) (4) Where a contract is terminated due to the occurrence of a cause under this Article, the customer shall pay the fees or damages for early termination under Articles 24 and 25 to the financial company according to the method of disposal of the motor vehicle for the damage incurred to the financial company.
Article 24 (Aggravated Termination Fee) (1) In case of returning a motor vehicle for earlier termination, the customer shall pay the fee for earlier termination as determined by the financial company to the extent permitted by the Acts and subordinate statutes.
1. In the event that a person does not choose the “rest selection” of the extension type of the front sign of this Agreement, the earlier termination commission = (predetermined residual value” in the front sign of the rental fee x the rental fee rate (5-40%) x the rental fee rate (5-40%) x 12-36 months in the lease period and the import vehicle fee rate corresponding to 0-18 months in the transitional period is 30%
The remaining lease fee = (the "monthly lease fee" x 12) / 365 x 365 x 1) where a customer fails to pay an amount to be paid to a financial company pursuant to this agreement, such as lease fees, by the payment date, the customer will pay an amount of delay compensation calculated by multiplying that amount by the interest rate of 24% per annum from the date of payment to the date of full payment.
(2) Where a customer delays the return of the motor vehicle even though the contract has expired or terminated, the customer shall return the motor vehicle to the financial company as follows: