(영문) 서울중앙지방법원 2019.01.11 2017가단5145365

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(영문) 서울중앙지방법원 2019.01.11 2017가단5145365

사용료

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1. The Plaintiff:

A. Defendant H shall complete the payment of KRW 53,536,723 and KRW 31,023,00 among them from December 7, 2017.

Reasons

1. Facts of recognition;

A. On May 18, 201, the Plaintiff entered into an automobile lease agreement with the deceased I and the Defendant H as a joint lessee, setting the following terms and conditions as a summary of the lease:

(hereinafter referred to as “the instant lease agreement”) . - Lease - The number of vehicles in Asia 4 2.0 TDI/T

J. hereinafter referred to as “instant vehicle”

- The purchase price of a vehicle: 47,727,00 won - the acquisition price of the vehicle: 33,408,90 won - the lease period: 36 months - the lease fee: 324,500 won (1~36 times): the first payment date: June 18, 2011 - the overdue interest rate: 25% - the remaining principal of the lease (the residual value: 31,023,00 won - the disposal after the lease period expires: 110% of the unpaid principal at the time of the expiration of the lease period - 110% of the unpaid principal - whether the lease fee is included in the automobile rental fee: not included.

B. Relevant parts of the terms and conditions applicable to the instant lease agreement (hereinafter “instant terms and conditions”) are as follows.

Article 10 (Disposition after Termination of Lease Period) (1) In cases where Eul (user) has agreed to take over a leased object at the end of the lease period, Eul shall pay the amount of taking over the object indicated in the table to Gap at the end of the lease period, and complete the procedure for transferring the name at the same time, and all the expenses incurred therein shall be borne directly by Eul. If the transfer of name is delayed, Eul shall pay a certain amount of management fees as determined by Eul, and in cases where Gap pays it on behalf of others due to the unpaid payment of all expenses related to vehicles, such as management fees, taxes and public charges, and fines for negligence, Eul may take measures corresponding thereto.

(3) Where Eul applies for re-lease at the expiration of the lease term, the amount calculated under the terms and conditions shall be applied to the same condition as this contract for one year with the principal of re-lease calculated under the terms and conditions.

(4) If the lease term expires, Eul shall return the object for lease.

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