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(영문) 서울중앙지방법원 2015.02.10 2013가단5064000
리스채무금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 87,428,465 as well as KRW 86,227,315 as to the amount of KRW 86,227,315 as to the said amount.

Reasons

1. Facts of recognition;

A. On September 29, 2011, the Plaintiff entered into a contract for facility leasing (lease) with Defendant A Co., Ltd. and Ecuas S380 frame vehicles (C) with a view to 36 months, monthly rent of KRW 2,330,00 per annum, overdue interest rate of KRW 24% per annum, remaining value of KRW 42,136,00, and the remaining value of KRW 42,136,000. On the same day, Defendant B jointly and severally guaranteed the Plaintiff’s repayment obligation.

According to the above contract, the plaintiff can claim or recover the return of the automobile for lease when he/she satisfies certain requirements as well as related obligations that have already been incurred when he/she has lost the fixed benefit. In such cases, where the return of the automobile cannot be made even after the expiration or termination of the lease contract, the plaintiff can claim for damages (105% in cases of domestic vehicles) by multiplying the unpaid user fee, fine for negligence, insurance premium, delay damages, and the unpaid principal, which are the value of the unpaid principal, by the fixed damage rate.

B. The foregoing lease agreement was delayed from February 2013 to the payment of rent, and the contract was terminated due to the failure to return the vehicle to the present time.

C. As of September 4, 2013 (the foregoing date is the date the Plaintiff submitted a change in the purport of the claim and the cause of the claim in this case, and the Plaintiff appears to have terminated and disposed of the contract on the basis of the above date when the lease was not returned and the payment of the lease fee continued due to delayed delay) as of the above lease, the settlement lease fee under the above lease contract is KRW 751,611 (the rent for September 2013), the lease fee is KRW 16,310,00 (the rent for September 2013), the overdue rent is KRW 67,19,515, the penalty is 67,19,515, the penalty is 660,000, the unpaid insurance premium is 1,450,974 (the premium is 15,974,295,000, the delayed insurance premium is 1,201,150,87,757,847, and the customer interest is refunded.

In addition, the plaintiff submitted the invoice of KRW 1,046,255 as the invoice, but it can find the basis for the claim of the above amount under the lease agreement.

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