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(영문) 부산지방법원 2017.12.12 2017가단329173
사용료
Text

1. The Defendant shall pay to the Plaintiff KRW 66,66,850 and the interest rate of KRW 24% per annum from July 13, 2017 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On June 29, 2015, the Plaintiff entered into a lease agreement with the Defendant and the Plaintiff with the lessee, the Defendant, the lessee, and the supplier with a heavy halog (hereinafter “instant lease agreement”).

B. The main contents of the instant lease contract are 92,44,315 won, lease deposit amounting to 92,44,315 won, lease deposit amounting to 24,276,000 won, lease period of 48 months, monthly payment of 1,853,880 won (i.e., monthly rent of 1,789,590 won, and other expenses of 64,290 won), two times to 48 times, 2,018,410 won (i.e., monthly rent of 1,954,120 won, and other expenses of 64,290 won), non-guaranteed residual value of 20,808,000 won, annual interest rate of 9.2751%, annual interest rate of 24, annual interest rate of 2451%, and 10% of the number of days of delay in arrears x 10% of the Plaintiff’s facility lease to the Defendant.

C. However, the Defendant used the leased vehicle upon delivery, but failed to pay monthly rent from August 20, 2016, and the Plaintiff notified the Defendant of the termination of the lease contract of this case on October 17, 2016.

The lease contract of this case was lawfully terminated by the notification of the termination of the contract, and despite the Plaintiff’s request for return of the leased vehicle, the leased vehicle was not returned to the Plaintiff by the date of the closing of argument in this case.

E. Accordingly, as of July 12, 2017, KRW 90,942,850, including the principal, interest, etc. due to the non-return of the leased vehicle (i.e., the principal amount of KRW 75,615,916,86,042, and the interest and past payment of KRW 6,172,846,52, and the late payment of KRW 6,172,50,526, and the late payment of KRW 759,520, the late payment of KRW 759,520) was deducted from the amount of KRW 24,276,00, which the Defendant is obligated to pay to the Plaintiff.

【Reason for Recognition】 Each entry of Evidence A or 7, and the purport of the whole pleadings

2. According to the above facts of determination, the defendant is obligated to pay to the plaintiff 6,66,850 won and damages for delay at the rate of 24% per annum from July 13, 2017 to the date of full payment, which is the rate of delay damages, from July 13, 2017 to the date of full payment.

Defendant’s assertion.

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