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(영문) 서울동부지방법원 2021.01.13 2018가단138676
사용료
Text

1. The defendant shall pay to the plaintiff KRW 33,877,138 and KRW 31,654,714 among them, from October 5, 2018 to the day of full payment.

Reasons

1. Facts of recognition;

A. On January 15, 2016, the Plaintiff entered into a contract for the lease of automobile facilities (hereinafter “instant contract”) with the Defendant with the content that the vehicle K9 (vehicle number: F. F. hereinafter “instant vehicle”) is set at 1,316,810 won per siren, 54 months in the agreed period, 24% per annum in arrears, and delivers the instant vehicle to the Defendant around that time.

The main contents of this case among the terms and conditions incorporated into the contract of this case are as follows.

Article 6 (Payment of Rent and Compensation for Delayed Payment) ① The vehicle rental fee shall be paid by the customer to the Company on the designated date in accordance with the front “payment Method” of this Agreement.

2. In the event that the customer delays the performance of his obligations under this Agreement, or pursuant to Article 17 of the Terms and Conditions of Goods, the customer shall pay to the Company the amount of delayed damages at the front overdue interest rate from the date of payment of the expenses paid by the Company on behalf of the customer to the date of full payment of the expenses. The calculation of delayed damages shall be made on an annual basis and daily basis, counting the amount of delayed damages.

Article 14 (Fee for Termination and Provisions Damages) ① In the event that a motor vehicle is returned on the ground of termination even in accordance with Articles 20 and 21 of the Terms and Conditions of the good, the customer shall, without delay, pay the Company the termination fee calculated in accordance with the following:

Fees for termination in the middle of the Do = Penet fee x Penet fee x Penet fee x ("monthly rental fee" on the front side x 12) / 365 x the number of unused days.

B. Since around October 20, 2017, the Defendant delayed payment of the rental fee, the Plaintiff notified the Defendant of the termination of the contract on the ground of the overdue payment of the rental fee on August 9, 2018, and received the return of the instant vehicle from the Defendant on August 17, 2018.

(c)

On the other hand, D Co., Ltd. filed an application for rehabilitation proceedings (hereinafter “instant rehabilitation proceedings”) with the Seoul Bankruptcy Court No. 10013, Aug. 9, 2017, as of August 9, 2017, when the issuance of bills around March 2017 is in default and the financial situation deteriorates.

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