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1. The Defendant shall pay to the Plaintiff KRW 57,392,593 out of KRW 59,71,079 and the said amount from June 16, 2015 to the day of full payment.
Reasons
1. Facts of recognition;
A. On June 11, 2013, the Plaintiff, a company operating a facility leasing business under the Specialized Credit Financial Business Act, entered into an automobile lease agreement with the lessee (hereinafter “instant lease agreement”) with the Defendant, the lessee, as indicated below (hereinafter “instant lease agreement”).
Items 1 Contract Number B 2 B 5 SimW 520d A/T 3 Lease Period Certificate: 60% per annum 25% per annum for delay payment rate of KRW 1,268,644, two times or sixty times: KRW 1,090,400 per annum, respectively.
B. According to Article 20(2) of the Terms and Conditions of the Plaintiff’s Preparation, if the Defendant has continuously delayed the payment of monthly rent on more than two consecutive occasions, the Plaintiff may terminate the instant lease agreement. In this case, the Plaintiff may claim for damages, other than the overdue rent, against the Defendant.
The stipulated damages are the amount equivalent to 110% of the principal not recovered as of the date of termination of the contract.
In addition, the lessee bears the taxes and public charges (including fines for negligence, fines, etc.) imposed on the automobile.
C. On May 16, 2014, the Plaintiff notified the Defendant that the instant lease agreement will be terminated, when the Defendant delayed payment of the monthly rent on more than two consecutive occasions.
As of June 15, 2015, the Defendant’s obligation to pay to the Plaintiff as of June 15, 2015 is KRW 59,711,079.
(Detailed Details are as indicated below). Items 14,950,391 (2) damages of KRW 49,643,573, 391 (2) damages of KRW 49,643,578,629, 429 (2), 318,68,629, 429, 68,318,486, 1 deposit amount of KRW 68,661,000 (deduction) and KRW 59,71,079 (based on recognition) are without dispute; Gap 1-12 (the defendant alleged to the effect that the automobile lease contract of KRW 6,11,12 (Evidence 2) was forged by the deceased husband's husband, but the defendant's overall purport of arguments and arguments is taken into account.