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(영문) 서울중앙지방법원 2015.05.15 2014나29192 (1)
리스료
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. The defendant is against the plaintiff succeeding intervenor 12,130.

Reasons

1. Facts of recognition;

A. On July 19, 1994, the Plaintiff entered into a car lease agreement with the Defendant, setting the lease agreement at the rate of 24% per annum of the monthly rent from July 19, 1994 to July 19, 1994, monthly rent of KRW 442,490, 60, and overdue interest rate of KRW 24% per annum.

(hereinafter “instant lease agreement”). B.

On April 29, 199, the Plaintiff terminated the instant lease contract on the ground of the Defendant’s delinquency in payment of the lease fee, and around May 3, 1999, the Plaintiff lost the Defendant’s benefit of time. The Plaintiff notified immediately that the amount of the remainder (D) of the unpaid principal (A) 932,050 won (C) 1,30,678 won 12,797,625 won (C) 932,050 won, and other expenses (A-CD E): 14,251,414 won (as of April 29, 1999) should be paid.

C. After that, on June 21, 2013, the Plaintiff transferred the balance of lease claims to the Plaintiff’s Intervenor pursuant to the instant lease agreement to KRW 12,130,186 (a separate interest rate). On December 31, 2013, the Plaintiff’s succeeding intervenor sent the notice of assignment to the Defendant on behalf of the Plaintiff with content certification, and the said notice was delivered to the Defendant around that time.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 to 2, the purport of the whole pleadings

2. Determination

A. According to the facts of the judgment on the Plaintiff’s claim, the Plaintiff did not have the right to claim the lease fee of this case against the Defendant by transferring the lease fee of this case to the Intervenor succeeding to the Plaintiff. Thus, the Plaintiff’s claim is without merit without examining it.

B. (1) According to the above facts, the Defendant shall pay damages for delay calculated by the rate of 24% per annum from June 1, 2013 to the day of complete payment with respect to the lease claim amounting to KRW 12,130,186 acquired by the Plaintiff succeeding Intervenor to the Plaintiff, the transferee of the lease claim of this case, barring any special circumstances.

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