(영문) 수원지방법원 2017.02.03 2016나53722

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(영문) 수원지방법원 2017.02.03 2016나53722

사용료

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1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

Reasons

1. Basic facts

A. On November 14, 2014, the Plaintiff entered into a facility lease agreement with the Defendant (hereinafter “instant lease agreement”) with the following terms and conditions.

Vehicle Information: The contract period for the vehicle in Ireland B (hereinafter “instant vehicle”): 65,060 won (including value-added tax, and payment on the 10th day of each month): the estimated residual value of 24%: 9,213,60 won.

B. Meanwhile, the main contents of the loan agreement of this case are as follows.

Article 14 (Aggravated Termination Fees and Damages) (1) Where a motor vehicle is returned for earlier termination under Articles 20 and 21 of the Terms and Conditions of the Goods, the customer shall, without delay, pay the company the fees for earlier termination calculated by the following:

- Early termination commission = (Presumption residual value" in the front cover of the front cover) ¡¿ (the "monthly rental fee" in the front cover x 12) / 365 x the rate of unused days: Separate rental term (monthly) 12-36-37-48-60 elapsed (monthly) : 30% of 30-18% and 30% of 30% of 30% and 5% of 5% of 30% of 17 (Penalty and Fines for Negligence) 1 in relation to the use of a vehicle after the receipt of a customer's vehicle, the company shall pay the penalty or fine for negligence to the agency concerned, and the customer shall pay to the company the amount equivalent to the penalty or fine for negligence paid by the company, separate from the rent of the month to which the date belongs.

Article 23 (Procedure for Settlement and Settlement of Accounts) (1) The sum of the amounts which a customer is obliged to pay to the Company pursuant to Articles 14 (Fee Fees and Provisions Damages to be Already terminated), 15 (Overpaid Operation Charges), 16, 17 (Penalty and Fines for Negligence), and 18 (Duty of Restoration Due to Destruction or Damage of Vehicles) of the Terms and Conditions of Goods shall be referred to as "special settlement", and the said settlement amount shall be calculated as of the date of return of a vehicle or the date of recovery of a vehicle.

C. The Defendant on April 2015.

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