(영문) 서울북부지방법원 2015.10.13 2015나31337

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(영문) 서울북부지방법원 2015.10.13 2015나31337

리스채무금

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. Facts of recognition;

A. On November 28, 201, the Plaintiff entered into a contract for facility leasing (a) with the Defendant (hereinafter “instant lease agreement”) with the terms and conditions as follows, setting the lease term of 48 months, lease fees of 1,049,00 won per month, damages rate of 24% per annum, estimated residual value of 13,380,000 won (hereinafter “instant lease agreement”).

Article 2 (Definitions) The definitions of terms used in this Clause shall be as follows:

5. The term “intermediate termination fee” means the amount the customer has to pay pursuant to Article 24 when the customer wishes to return the motor vehicle for the reason of early termination.

Article 21 (Termination of Contract by Customer) (1) In the event that a customer terminates this contract, the handling and assessment of motor vehicle shall comply with the procedures prescribed in Articles 22 and 23.

Article 22 (Termination of Lease Contract) (2) In the event of early termination under Article 21, the customer shall pay the fees and damages for early termination under Articles 24 and 25, and shall compensate for damages arising during the lease period in addition to the burden of all fees for the transfer of ownership of a motor vehicle and the cancellation of the collateral security.

Article 24 (Aggravated Termination Fee) (1) In case of returning a motor vehicle for earlier termination, the customer shall pay the fees for earlier termination as determined by the financial company to the extent permitted by the Acts and subordinate statutes.

1. In the case of this case where the customer did not choose the “rest selection” of the front deferment type of this Agreement (in this case, the “rest selection” - earlier termination commission = (in the case of this case, the presumed residual value of the remaining lease fees) ¡¿ (monthly lease fee x 12)/365 x number of overdue days x Article 27 (Compensation for Delay and Return Pension) ① If the customer did not pay to the financial company in accordance with this Agreement, such as lease fees, etc. from the due date to the due date of full payment, the customer shall pay the same amount annually.

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