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1. The Defendant’s interest rate of KRW 9,323,40 and KRW 6,640,810 among the Plaintiff shall be from November 30, 2014 to the date of full payment.
Reasons
1. Facts of recognition;
A. On June 5, 2013, the Plaintiff entered into a lease agreement with MM Korea Co., Ltd. (hereinafter “MM Korea”) on the movable property listed in the separate sheet (hereinafter “instant movable property”) with the Plaintiff and purchased the instant movable property from MMM Co., Ltd. (hereinafter “SM”), and jointly and severally guaranteed the Plaintiff’s debt under the instant agreement, i.e., KRW 62,50,000, lease fees, KRW 548,190 per month, the lease period of KRW 36 months, the applicable interest rate of KRW 5.50 per annum, and the overdue interest rate of KRW 25% per annum.
The terms and conditions of the instant contract pertaining to the instant case are as follows.
Article 20 (Cancellation of Contracts by Financial Companies) (1) Where any of the grounds prescribed in Article 8 (1) of the Framework Terms and Conditions for Credit Transactions occurs to a customer, a financial company may immediately terminate this contract and claim the return of leased articles without demanding notice and peremptory notice.
(2) Where the customer delays monthly rent on at least two consecutive occasions, the financial company may request the customer to terminate the contract after notifying the customer of the fact of delay of performance of the obligation and the termination of the contract at least three business days prior to the date of termination of the contract, and where the customer fails to notify the customer three business days prior to the date of termination of the contract, the date three business days after the date of actual delivery of the notice shall be
(4) Where a contract is terminated due to the occurrence of a cause under this Article, a customer shall pay an early termination commission or a stipulated loss under Articles 23 and 24 to the financial company according to the method of handling leased goods.
Article 22 (Termination of Lease Contract) (2) Where an earlier termination is made under Articles 20 and 21, a customer shall pay an early termination fee and a stipulated loss amount under Articles 23 and 24.