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(영문) 서울중앙지방법원 2015.10.30 2015가단22135
사용료
Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 45,729,425 as well as KRW 45,046,083 among them, from January 30, 2015.

Reasons

1. Basic facts

A. On May 20, 201, the Plaintiff entered into a motor vehicle leasing agreement (hereinafter “instant lease agreement”) with Defendant A with respect to the motor vehicle (hereinafter “instant motor vehicle”) with the following terms: Defendant B and C guaranteed the Defendant’s obligation to the Plaintiff under the instant lease agreement.

① The lease period: 44 months: 2,142,930 won (payment on the 25th day of each month) (3,870,000 won: 3,870,000 won: 24% per annum: In cases where Defendant A continuously delays the lease fees on at least two occasions, the Plaintiff may terminate the instant lease contract and claim the return of the leased vehicle.

(Article 17(2) of the Terms and Conditions. Where the lease contract of this case is terminated earlier, the Defendant A shall return or purchase the vehicle (Article 19(2) of the Terms and Conditions), and shall pay the Plaintiff the settlement amount including the fee for early termination, the fee for interim termination, the fee for provision loss (unrepaid principal as of the date of termination of the contract x 1

(6) The joint and several sureties guarantee all the obligations owed by Defendant A to the Plaintiff under the instant lease agreement or in connection with the instant lease agreement and jointly and severally with Defendant A, including the obligation to pay the lease fees.

(Article 31(1) of the Terms and Conditions)

B. After paying the lease fee to the Plaintiff by October 25, 2014, the Defendants did not pay the lease fee, and the Plaintiff notified Defendant A of the termination of the instant lease agreement on the ground that the payment of the lease fee was delayed at least twice.

C. The settlement amount to be paid by Defendant A to the Plaintiff upon the termination of the instant lease agreement is KRW 45,729,425 in total as of January 29, 2015 (the remainder value of the vehicle) = KRW 445,440 in overdue interest of KRW 6,346,00 (the overdue interest of KRW 101,786), 136,116 (the overdue interest of KRW 136,16).

Defendant A even after the lease agreement of this case was concluded.

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