(영문) 창원지방법원 2016.11.24 2016나1469 | 리걸엔진

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(영문) 창원지방법원 2016.11.24 2016나1469

손해배상(기)

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1. The plaintiff's appeal is all dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The facts subsequent to the facts of recognition may be found either in dispute between the parties or in full view of the entries in Gap evidence 1, 3 (including paper numbers), and Eul evidence 2-2 and the purport of the entire pleadings.

① On December 12, 2014, the Plaintiff purchased a vehicle C (hereinafter referred to as “Plaintiff”) from the KFF Capital Co., Ltd. on the grounds of the lease term of 36 months, the deposit amount of 19,972,00 won, the lease fee of 1,543,300 won, and the provision that the lessee is obliged to pay for the termination of the lease contract, determined the amount of damages to be paid by the lessee as 110% of the unpaid principal.

(2) On April 9, 2015, the Defendant: (a) driven a D vehicle (hereinafter referred to as “Defendant”) on April 15, 2015, and collisioned the front part of the Plaintiff’s vehicle that was parked on the two-lanes with the two-lanes in front of the 1233 Jin-Eup in the Gyeongnam Development-gun, the Gyeongnam Development-gun, Inc. (hereinafter “the Agricultural Cooperative”), driving the vehicle, driving the vehicle, driving the vehicle on the two-lanes, and parked on the two-lanes.

(3) The instant lease contract was terminated on April 30, 2015, and the KFF Capital Co., Ltd. around that time deducted from the deposit to the Plaintiff the amount of KRW 5,875,059 that was reduced by 5% from KRW 6,184,272 equivalent to 10% of the already recovered principal, as stipulated damages.

2. Summary of the parties' arguments

A. The Plaintiff’s instant accident was destroyed to the extent that the Plaintiff’s vehicle was no longer operated, and accordingly, the Plaintiff terminated the instant lease contract, and accordingly, the rink Capital Co., Ltd. deducted KRW 5,875,059 from the security deposit to incur damages equivalent to the same amount.

The Plaintiff suffered mental pain due to the instant accident, such as suffering from an influence in the sound of the instant accident and suffering from an influence symptoms, while entering the Nonghyup.

Therefore, the defendant is subject to the termination of the lease contract.

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