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(영문) 서울중앙지방법원 2016.04.14 2015가합541602
사용료
Text

1. Of the instant lawsuit, the part of the claim, excluding the claim due to the substitute payment of automobile tax notified on June 2015.

Reasons

1. Basic facts

A. On March 20, 2007, the Plaintiff (Seoul: Daewoo Capital Co., Ltd.) entered into a facility lease agreement (hereinafter “instant lease agreement”) with C (hereinafter “instant lease agreement”) with the acquisition cost of KRW 280,00,000,000 for the instant vehicle (hereinafter “instant vehicle”) for the period of 48 months, lease cost of KRW 48 months, lease cost of KRW 7,855,400, one time, two to forty eight times, namely, KRW 7,788,40, annual overdue interest rate of KRW 24%, overdue interest rate of KRW 24%, and the 20th day of each month of the lease payment date.

B. On September 13, 2007, the Defendant entered into a lease succession contract between B and the Plaintiff to succeed to the status of the lessee under the instant lease agreement as it is.

C. Relevant provisions of the terms and conditions applicable to the instant lease agreement are as follows.

When a lessee (hereinafter referred to as "A") and his/her joint and several sureties apply for the lease of automatic facilities to the plaintiff (hereinafter referred to as "B"), they shall consent to the following provisions:

Article 6 (Use, Maintenance, Taxes, Public Charges, etc. of Vehicles) (3) All expenses incurred in relation to the ownership, possession, use, maintenance, etc. of vehicles from the conclusion of a lease contract to the return of the vehicle, and taxes and public charges (including penalties, administrative fines, automobile taxes, etc.)

(hereinafter) (4) In the event that A imposes a penalty or fine for negligence, etc. on B in connection with the use of a vehicle after receiving the vehicle, B shall pay the penalty or fine for negligence, etc. to the relevant agency, and A shall pay the amount equivalent to the penalty or fine for negligence that B paid, separately from the lease fee, in the month in which the date of payment falls.

Article 17 (Termination of Contract under subparagraph B) (1) When any of the following grounds arises to a joint guarantor A or a joint guarantor A, B shall notify him/her of the correction of defects or the correction of violations within a reasonable time limit, and if he/she fails to cure or correct such violation within such time limit, B shall terminate this contract, and request the return of the vehicle and the amount of damages.

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