(영문) 서울중앙지방법원 2020.04.22 2019가단5069106

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(영문) 서울중앙지방법원 2020.04.22 2019가단5069106

기타(금전)

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1. The Defendants jointly and severally pay to the Plaintiff KRW 51,689,831 as well as KRW 46,353,160 among them, from March 26, 2019.

Reasons

1. Facts of recognition;

A. On September 22, 2016, the Plaintiff entered into an operating lease agreement with Defendant B Co., Ltd. (hereinafter “Defendant B”) on the following terms (hereinafter “instant agreement”) and D vehicles, and Defendant C jointly and severally guaranteed the obligation to be borne by the Defendant B under the said agreement.

The acquisition cost: the remaining value (30%) at the end of the lease period of KRW 9,590,00: the lease fee of KRW 28,770,000: The lease fee of KRW 1,739,320 per month: When the vehicle is returned for 24% earlier early termination of the lease period: 10% of the unpaid lease fee of KRW 30%: When the vehicle is purchased at the time of the purchase of the vehicle: 10% of the unpaid lease fee of KRW 10%;

B. The main contents of the lease standard agreement applicable to the instant agreement are as follows.

Article 20 (Termination of Contract by Financial Companies) (1) If any of the grounds prescribed in Article 8(1) of the Framework Terms and Conditions for Credit Transactions occurs, the contract may be immediately terminated and the claim for return of the motor vehicle may be filed without notice and notice.

(2) Where a contract is terminated due to the occurrence of a cause under this Article, the customer shall pay the damage incurred to the financial company for the early termination fee or stipulated loss under Articles 24 and 25 according to the method of handling the motor vehicle.

Article 24 (Aggravated Termination Fees) (1) In case of returning a motor vehicle for earlier termination, the customer shall pay the fee for early termination as determined by the financial company to the extent permitted by the law.

(2) In paying the earlier termination fees under paragraph (1), the customer shall pay all obligations including the unpaid lease fees and the amount borne by the customer under the written agreement as of the date of termination.

Article 25 (Penalties) (1) Where a person intends to purchase a motor vehicle for earlier termination, the customer shall pay to the financial company the statutory damages to the extent permitted by law, and in such cases, the unpaid lease fees and the amount borne by the customer under the agreement shall be included.

유사 판례

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