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1. The defendant shall pay to the plaintiff KRW 3,833,344 and the amount of KRW 3,811,044 from June 24, 2015 to the date of full payment.
Reasons
1. Facts of recognition;
A. On June 30, 2012, the Defendant entered into an automobile lease agreement with the Plaintiff, which set the period of 48 months, monthly rent of 834,60 won, annual interest rate of arrears of 24%, remaining value of 16,34,00 won.
(hereinafter referred to as the “Lease Agreement”). B.
According to the instant lease contract, the Defendant is obligated to pay the insurance premium, penalty incurred by negligence and fine for negligence. Furthermore, if the lease contract is terminated and the procedure for returning the automobile is completed, the overdue lease fee and the fee for early termination of the lease shall be paid separately. Despite the termination or expiration of the lease contract, the delayed payment shall be paid until the return of the automobile is delayed, and the Defendant shall bear the statutory damages in the event of failure to return the automobile or purchase the automobile.
C. From February 2015, the Defendant delayed the rent, and the Plaintiff urged the payment of the overdue rent on several occasions, but notified the termination of the lease agreement around April 16, 2015, the Defendant did not comply with the demand.
On June 5, 2015, the defendant prepared an application for termination of the lease contract, and returned A's low-est car to the plaintiff.
E. As of June 5, 2015, the Defendant: (a) as of June 5, 2015, paid rent of KRW 4,172,00; (b) compensation for delay of KRW 163,452; (c) compensation for delay of KRW 40,00; and (d) compensation for delay of KRW 130,340; and (c) refund of KRW 139,100; and (d) refund of KRW 6,768,152; and (e) KRW 11,414,04,044; and (b) the lease deposit that the Defendant paid to the Plaintiff at the time of entering into the instant lease agreement is deducted from KRW 7,602,00; and (c) the Defendant’s obligation to the Plaintiff is ultimately paid to the Plaintiff (i) KRW 3,811,044 (=11,414,044 -
E. Meanwhile, damages for delay calculated by 24% per annum for 17 days from June 6, 2015 to June 23, 2015 for KRW 3,811,044 was KRW 42,600, and the Plaintiff was paid KRW 20,300 on June 23, 2015.