logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2015.07.24 2014가단125395
사용료
Text

1. The Defendant shall pay to the Plaintiff the amount of KRW 36,926,90 out of the above amount of KRW 79,443,49 and the above amount of KRW 36,926,90.

Reasons

1. On February 7, 2008, the Plaintiff concluded a lease contract with the Defendant on a condition that it would be 45,750,936 won for acquisition cost, 36 months from the date of issuance of the certificate of receipt of the goods, 24% for delayed payment, and 1,145,80 won for monthly rent. Since the Defendant did not perform its obligation to pay rent for a long time, the Plaintiff terminated the lease contract pursuant to Article 17(1)9 of the Attachment Clause of the Agreement (if the obligation to pay rent, insurance premium, etc. under the contract violates 60 days or more), the Defendant is obligated to pay the principal and interest to the Plaintiff at the rate of 50,384,942 won for total settlement, 26,220,587 won for late payment, and 2,837,970 won for liability insurance, 970 won for penalty, and 2,8349,49,290 won for annual rent from the following day to the date of the contract.

2. Judgment on the defendant's assertion

A. As to the assertion of the name lending, the Defendant asserted that at the time of the above lease agreement, he did not use the leased vehicle for himself, and that the Defendant only used the name of the contractor for Nonparty B, the actual user, and that the Defendant did not have the intent to pay the obligation under the lease agreement, and that the Plaintiff only lent the name without the intent to pay the obligation, and that the Plaintiff only lent the name without the intention to pay the obligation, the Defendant cannot be exempted from liability as the contractor, and such assertion by the Defendant

B. As to the assertion that the period of short-term extinctive prescription of three years is applicable, the lease fee under the said lease agreement is the principal for the financial convenience of the acquisition fund provided by the lessee to the lessee.

arrow