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1. The Defendant paid KRW 53,752,696 to the Plaintiff 5% per annum from July 18, 2015 to September 17, 2015.
Reasons
1. Facts of recognition;
A. On March 22, 2014, the Plaintiff acquired one motor vehicle for 6,411,120 won (including registration tax, acquisition tax, and public body expenses) between the Defendant and the Defendant, and entered into an operating lease agreement with the amount of KRW 1,147,200 each time from 25th day of each month to 59 times, and the amount of KRW 1,419,417 each time to 60, and the amount of KRW 15,475,00 each time to 19,417, and the amount of KRW 19% each time to 60,419,417 was paid.
(hereinafter “instant lease agreement”). B.
On December 25, 2014, while the Defendant paid the above deposit to the Plaintiff and operated the Benz E220 vehicle by taking over the said vehicle, the Plaintiff was in arrears with the lease fee, and on January 27, 2015, the Plaintiff sent the notification to the Defendant of the payment of damages, such as the termination of the lease contract of this case and the payment of the automobile and the payment of the early termination fee.
Since then, the defendant paid only a lease fee to the plaintiff, and did not comply with the plaintiff's request for return of the vehicle.
C. As of July 17, 2015, the amount of damages that the Defendant is obliged to pay to the Plaintiff at the time of non-payment of the vehicle (as of acquisition) is the total amount of KRW 53,752,696.
(A) The amount of money 300,000 won excluding the deposit money from the amount stated in the statement on the particulars of the redemption before maturity of evidence A).
2. According to the above facts finding, it is presumed that the notice of the termination of the lease contract of this case by the Plaintiff on the ground of delinquency twice the lease fees of the Defendant was sent by content-certified mail and received to the Defendant, and thus, on February 2, 2015, the lease contract of this case was lawfully terminated (it seems that the contract of this case was lawfully terminated until the date on which the application for the payment order of this case was delivered). The Defendant did not return the leased vehicle to the Plaintiff as seen earlier. Thus, barring any special circumstance, the Defendant, barring any special circumstance, requested the Plaintiff to claim and claim damages from the non-payment of the vehicle amounting to KRW 53,752,696 as of July 18, 2015.