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(영문) 제주지방법원 2015.10.16 2014가단45705
리스채무금 청구의 소
Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 33,389,758 and KRW 33,375,532 among them. From November 15, 2014, the Defendants shall be fully paid to the Plaintiff.

Reasons

1. Determination as to the cause of claim

A. 1) The Plaintiff is the Defendant Company A (hereinafter “Defendant Company”) on June 15, 2012.

(2) As to the disposition of the said vehicle after the period of use expires, the Plaintiff acquired the DNS vehicle and used it for a certain period of time against the Defendant. The Plaintiff received the payment from the Defendant on a regular basis. The Plaintiff is a motor vehicle leasing agreement under which the Plaintiff and the Defendant separately determine with respect to the disposal of the said vehicle (hereinafter “instant lease agreement”).

(A) The contract period: 48 months: The monthly rent rate of 1,097,800 won: 24% per annum) where the Defendant delayed the monthly rent more than twice, the Plaintiff may terminate the contract after notifying the Defendant at least three business days before the termination date of the contract for the lease of this case (Article 20(2) of the Terms and Conditions) and claim the return of the motor vehicle (Article 20(2) of the Terms and Conditions). Upon termination of the contract, the Defendant shall pay the Plaintiff the fee for early termination or provision damages according to the method of disposal of the motor vehicle (Article 20(4) 2 of the Terms and Conditions). The Defendant B and C jointly and severally guaranteed the Plaintiff’s obligation under the instant facility lease contract to the Plaintiff at the time of the contract for the lease of this case.

3) As of October 1, 2014, the Defendant Company delayed payment of KRW 2,134,036 on two occasions to the Plaintiff. Accordingly, on October 2, 2014, the Plaintiff notified the Defendant of the termination of the instant lease contract, and the notice of such termination reached the Defendant at the business year. 4) As of November 14, 2014, the settlement amount following the termination of the instant lease contract that the Defendant is obligated to pay to the Plaintiff under the instant lease agreement was KRW 2,694,518 (i.e., settlement lease amount of KRW 512,30,308, KRW 1,824,784, KRW 14,226, KRW 343,415, KRW 2415, KRW 2406, KRW 4686, KRW 406, KRW 4086, KRW 400.

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