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(영문) 서울중앙지방법원 2018.04.12 2017나37781
사용료
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On May 16, 2014, the Plaintiff entered into a car siren contract with a limited partnership company B (hereinafter “instant company”) with the Defendant’s representative member (hereinafter “instant vehicle”) with a rental period of 48 months, estimated residual value of 3,767,270 won, monthly rental fee of 278,740 won, and an overdue interest rate of 25% per annum (hereinafter “instant contract”).

B. The contract of this case (Evidence A No. 1) is written by the defendant as joint and several sureties.

C. The main contents of the terms and conditions applicable to the instant contract (hereinafter “instant terms and conditions”) are as follows.

Article 6(1) Where a lessee delays the performance of an obligation to a lessor pursuant to this Agreement, or the lessor has paid the amount from the due date of the expenses paid by the lessor on behalf of the lessee pursuant to Article 17 to the due date of the payment of the expenses, the lessee shall pay to the lessee damages for delay in accordance with the interest rate of the "Annual Interest Rate" and the calculation of damages for delay shall be calculated on a daily basis, counting from the date of payment of the expenses paid by the lessor on behalf of the lessee.

(c) the use of the vehicle under Article 12 (2) Unless this contract is terminated, the interruption of the use and occupation of the vehicle of the lessee who is not attributable to the lessor does not affect the lessee’s performance of the obligation to the lessor under this contract.

(1) Where the contract is terminated or terminated under Articles 20 and 21, the lessee shall, without delay, pay the termination fee to the lessor by the following formula:

Provided, That it shall be limited to the case where the procedures for return of the vehicle under Article 23 are implemented or completed.

- Early termination fees = (presumed residual value" in front of the rental fee x fee rate from the final payment date of rental fee to the termination date of the last payment date of rental fee = (The monthly rental fee x 12) / 365 x 365 x front rental fee x the number of unused days).

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