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1. As to KRW 33,780,115 and KRW 33,570,386 among the Plaintiff, the Defendant shall have 24% per annum from June 1, 2014 to the full payment.
Reasons
1. Basic facts
A. On May 29, 2013, the Plaintiff and the Defendant entered into a contract for automobile leasing (lease) with respect to the vehicles Hyundai 140 (waelel) B, specifying the overdue interest rate of 24.00%, the agreed period of 48 months, monthly rent of KRW 1,053,300, and remaining value of KRW 10,000.
B. Even if the Defendant violated the obligation to pay rent, insurance premium, etc. on one occasion, the Plaintiff notified the Defendant to perform his/her obligation within a reasonable fixed period, and if the Defendant fails to perform the obligation within such reasonable period, the Plaintiff immediately terminates the said lease contract, loses the benefit of time, and may claim the return of the leased vehicle or recover the vehicle from the relevant liability already incurred, and if the lease contract is terminated, it is agreed to pay the stipulated amount of damages separately from the overdue lease fee
C. Although the Defendant faithfully performs the contractual obligations under the above lease contract, the Plaintiff notified the Defendant of the termination of the lease contract due to the occurrence of the reasons stipulated in the contract, and the Defendant lost the benefit of time upon the termination of the lease contract, and paid the full amount of the remaining amount in lump sum.
Accordingly, on May 31, 2014, which is the date of loss of the benefit of time, ① the overdue lease fee of KRW 4,232,639, ② the overdue interest of KRW 209,729, ③ the penalty of KRW 29,337,747 was incurred.
【Fact that there has been no dispute, entry of Gap 1 through 3, the purport of the whole pleadings
2. According to the allegations and the facts of the above finding, the Defendant is obligated to pay to the Plaintiff a total of KRW 33,780,115 and/or KRW 33,570,386, total amount of the principal and interest, and/or KRW 24% interest per annum from June 1, 2014 to the full payment date.
On the other hand, the defendant did not know the terms and conditions of the lease, and the person who borrowed his name intentionally returned the vehicle.