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(영문) 서울동부지방법원 2015.12.16 2015가합101380
사용료
Text

1. The Defendant shall pay to the Plaintiff the annual amount of KRW 197,037,543 as well as KRW 196,90,718, from December 23, 2014 to the date of full payment.

Reasons

On March 7, 2013, the Plaintiff entered into a contract for automobile leasing (hereinafter “instant lease contract”) with the Defendant, setting the lease term of 60 months, monthly rent of 5,143,700 won, remaining value of 20,980,000 won, and the overdue interest rate of 24%.

The terms and conditions of the lease contract applicable to the instant lease contract are ① If the Defendant has delayed the monthly rent at least twice consecutively, he/she may terminate the contract after notifying the obligor of the delay of performance of his/her obligation and the termination of the lease contract based thereon at least three business days before the date of termination of the contract.

(Article 20(2) and (2) Where the Defendant did not pay the amount to be paid to the Plaintiff by the payment date under the above lease contract, such as lease fees, the Defendant shall pay damages for delay multiplied by the interest rate of 24% per annum from the date of payment to the date of full payment.

(Article 27(1) and (3) In the event the Defendant delays the return of the automobile despite the expiration or termination of the above contract, the Defendant shall pay the Plaintiff the refund pension until the time of returning the automobile (=day lease fee x the number of days elapsed x the number of days elapsed 200

(Article 27(2) and (4) In the case of returning an automobile for earlier termination, the Defendant shall pay the Plaintiff the fee for early termination determined by the Plaintiff [in the case of returning the automobile for earlier termination: the intermediate termination fee = (in the calculation of the residual value of the remainder lease), the fee rate, the residual lease fee = monthly lease fee x 12/365 x the number of days elapsed, the number of days elapsed

(Article 24(1) and (5) Where the defendant fails to return the motor vehicle despite the termination of the lease contract, the plaintiff may claim against the defendant for damages under Article 25(2) (i.e., the amount of unpaid principal as of the termination date of the contract x the rate of statutory damages and the rate of statutory damages 110%).

(Article 26), 6. Taxes and public charges (including fines for negligence, fines, etc.) related to the use of a motor vehicle shall be borne by the defendant.

(Article 12, Section 4).

The defendant shall pay rent not less than twice.

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