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1. The Defendant shall pay to the Plaintiff KRW 211,796,510 as well as KRW 187,013,00 among them, from August 1, 2015 to the day of full payment.
Reasons
1. Facts of recognition;
A. On May 14, 2013, the Plaintiff and the Defendant entered into an management lease agreement (hereinafter “the instant lease agreement”) with respect to the automobile (S) with the content that the lease term of 60 months and the lease fee of 3,821,300 won per time shall be paid on the 25th day of each month (hereinafter “the lease agreement”).
B. According to the instant lease agreement, when the Defendant violated the obligation to pay the lease fees under the instant lease agreement even if it did so, the Plaintiff may notify the Defendant of the performance of the obligation within a reasonable period of time, and lose the benefit of time when the Defendant did not perform the obligation within the said period and terminate the instant lease agreement.
(Article 22(4)(1)(c) of the contract.
From July 25, 2013, the Defendant delayed payment of lease fees, and the Plaintiff sent a document verifying the termination of the contract as of August 25, 2013 if the Plaintiff did not perform the obligation to pay the lease fees. However, the Defendant did not perform the obligation to pay the lease fees within the period.
According to the lease contract in this case, where the lease contract is terminated as the overdue interest rate of the defendant, the defendant shall pay the amount of damages determined by the plaintiff [the sum of the amount of damages determined by the plaintiff (presumed residual value of the pre-paid lease) x 30%, the overdue interest from the final payment date of the lease fee to the termination date, the deferred principal, overdue interest, overdue interest, etc.] (Article 18(1) and (2) of the contract. If the defendant delays the performance of his/her obligation under the lease contract in this case, he/she shall pay damages for delay according to the overdue interest rate determined by the plaintiff from the date of payment to the date of full payment (Article 24(1) of the contract).
E. On July 31, 2015, the Plaintiff returned the object under the instant lease agreement and sold it on sale on July 31, 2015, and appropriated the proceeds therefrom (69,060,000) to repay the Defendant’s obligations under the instant lease agreement, and as a result, on July 31, 2015, the sum of the Defendant’s obligations owed to the Plaintiff as of July 31, 2015 = KRW 211,796,510 = Principal 187,013,00 for delay compensation of KRW 10,676.