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(영문) 서울중앙지방법원 2020.06.23 2019가단5268866
리스료
Text

1. The defendant shall pay to the plaintiff KRW 83,065,456 and KRW 40,970,260 among them, from June 22, 2019 to the day of full payment.

Reasons

1. Facts of recognition;

A. On September 26, 2012, the Plaintiff entered into a motor vehicle lease agreement with the Defendant with respect to the instant motor vehicle E company E company XF 2.2D (hereinafter “instant motor vehicle”). The main contents of the said agreement are as follows.

The lease application amount: the lease application period: 61,679,640 won: 44 months (from September 26, 2012 to May 25, 2016): the lease deposit amount: 6,168,000 won: 7.47% per annum on the applicable interest rate of KRW 1,240,000, and the overdue interest rate of 25% per annum on the overdue interest rate of KRW 25% per annum under the Credit Business Act: The overdue interest rate under the Credit Business Act (Prohibition of Transfer, etc. of Goods) (1) Article 16 (Prohibition against Assignment, etc. of Goods) (1) shall not transfer the goods to a third party, offer a security, have a third party use them for profit, or infringe on the ownership of other B.

Article 20 (Loss of Maturity and Termination of Contract) (4) When a cause falling under any of the following subparagraphs occurs to A, B may terminate this contract where there is no performance even after the peremptory notice for performance is given for a reasonable period of time.

2. Where he/she violates the duty to pay lease fees, insurance premiums, etc. prescribed in this contract even once.

8. Where a party A transfers goods to a third party or provides security, or allows a third party to use or benefit from goods without the third party’s prior consent.

B. When the business was unable to be performed due to bankruptcy, the Defendant delivered the instant vehicle to the Plaintiff (F) for the purpose of disposing of the instant vehicle without notifying the Plaintiff on October 2013, and filed a theft report on the embezzlement of the disposal price, and subsequently, notified the Plaintiff on December 9, 2013.

C. On July 14, 2014, the Defendant terminated the instant vehicle lease agreement as of September 15, 2014, following the fact that the lease fee was fully paid, but the lease fee from July 2014 was not paid. However, as of August 27, 2014, the Defendant notified payment through content-certified mail, but did not pay it.

On the other hand, the defendant on August 5, 2014.

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