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1. The portion of the claim for the expenses of demand procedure among the lawsuit in this case shall be dismissed.
2. The defendant shall pay to the plaintiff KRW 101,647,046.
Reasons
1. Facts of recognition;
A. The Plaintiff is a company engaged in installment financing and facility leasing business, etc., and the Defendant is a person registered as a contractor and subcontractor.
B. On June 13, 2016, the Plaintiff entered into a lease agreement with the Defendant on KRW 139,704,300 on the total lease amount, KRW 5 years of lease, and KRW 2,627,90 on the lease amount, with respect to a vehicle for 3.0D car (vehicle No. C) for the c.0D car (vehicle No.
C. On February 7, 2017, the Plaintiff entered into a lease agreement with the Defendant on total lease amounting to KRW 186,335,620, lease period of five years, lease amount of five years, and KRW 3,515,200.
The plaintiff did not pay each of the above lease fees since June 5, 2017. The plaintiff terminated the respective lease agreement around July of the same year.
9. 27. A public sale of each of the above automobiles was conducted in order to collect KRW 86,250,000 in the case of a Lehovasber vehicle, and KRW 111,940,00 in the case of a Marra vehicle, respectively.
E. At the time of the conclusion of each lease agreement, the Defendant agreed to pay the Plaintiff the amount of damages stipulated in the provision (i.e., 110% of the unpaid principal as of the date of termination from the date of the final payment of the lease fee to the date of termination), and 25% of the annual interest thereon. On September 27, 2017, the provision damages remaining after being recovered through public sale are KRW 41,44,213 in the case of a lease agreement for a le-rober vehicle, and KRW 60,202,83 in the case of a lease agreement for a mati vehicle.
【Reason for Recognition】 Each entry in the evidence 1 through 15 (including each number), and the purport of the whole pleadings
2. The Plaintiff seeking reimbursement of KRW 199,600 of the cost of demand procedure, in addition to the statutory damages as seen below by the instant lawsuit. However, the cost of demand procedure is part of the cost of lawsuit, and the amount paid as the cost of lawsuit can be repaid through the procedure for determination of the amount of lawsuit cost pursuant to the provisions of the Costs of Civil Procedure Act after the final and conclusive judgment.