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(영문) 서울중앙지방법원 2018.07.11 2017가단5148050
채무부존재확인
Text

1. The Plaintiff (Counterclaim Defendant) shall pay to the Defendant (Counterclaim Plaintiff) KRW 38,258,267 and the amount of such KRW 38,258,267 with full payment from November 23, 2017.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On September 17, 2015, the Plaintiff entered into a new long-term returned vehicle lease agreement with the Defendant, setting the monthly rental fee of KRW 1,238,00, and the lease period from October 7, 2015 to October 7, 2019 with respect to the instant vehicle (hereinafter “instant vehicle”). The rate of penalty for breach of contract was less than one year from the date of delivery of the vehicle, less than two years, more than two years, more than 20%, more than two years, and more than 10%, and more than 21 years, respectively.

(hereinafter referred to as “the instant siren contract”). (b)

Of the terms and conditions of the instant siren contract, the part relating to the instant case is as follows.

Article 3. Conditions of Contracts (1) Omitted.

1. If the contract is terminated earlier due to the circumstances or causes of “customers”, the “customers” shall pay to “company” the penalty for breach of contract at the following occasions with the application of the front [3] rate of penalty on the part of the contract for breach of contract to the number of days of the remaining rental period as of the date of termination of contract on the basis of monthly rent (excluding VAT).

Penalty = Monthly Rental Fee (excluding VAT) ¡¿ 12/365 ¡¿ Number of unused days ¡¿ [3] Number of days of expiration of the contract] 】 (1) A driver of a leased vehicle shall possess a valid driver's license for each type of vehicle which can be operated under the Road Traffic Act as he/she is over the age of the front (the age of the driver (6) of this contract, and he/she shall bear a civil criminal liability for an accident during his/her driving under the conditions as driver's license

(2) In principle, the driver of the leased vehicle shall be limited to the "customer", but only a person other than the "customer" may drive the vehicle:

Omission

5.The "customer" and the "company" commit an act prohibited by Article 8 (1) of this Act, which is designated by the agreement, (1) "customer" shall not engage in any of the following acts with leased vehicles:

The omission shall be made

(2) In the event that an act prohibited by paragraph (1) is violated, the term “company” shall be the term “company”.

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