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1. The Defendant shall pay to the Plaintiff KRW 17,435,952 as well as KRW 17,306,821 among them, from June 3, 2017 to the day of full payment.
Reasons
1. Facts of recognition;
A. On January 17, 2017, the Plaintiff entered into a lease agreement with the Defendant, setting the acquisition cost of E-Clas E220d Avantgarde A/T motor vehicles as KRW 69,236,350, monthly rent of KRW 1,502,100, period of 36 months, and delayed interest rate of 25% per annum.
At the time, the Plaintiff and the Defendant agreed to pay the lease fees to the Plaintiff for early termination, the provision damages (10% of the outstanding principal), and the unpaid lease fees, etc. by the date of termination if the Defendant delayed the payment of the lease fees on more than two occasions.
B. The Defendant did not pay rent on March 2017 and April 2017, and the said lease agreement was terminated around that time.
C. On May 30, 2017, the Defendant returned the said vehicle to the Plaintiff, and the Plaintiff sold and settled the said vehicle on June 2, 2017.
As of June 2, 2017, KRW 17,306,821, and damages for delay 129,131 remain.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff a total of KRW 17,435,952 (=17,306,821 won) and damages for delay at the rate of 25% per annum, which is the agreed interest rate, from June 3, 2017 to the date of full payment.
3. In conclusion, the plaintiff's claim of this case is justified and it is so decided as per Disposition.