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(영문) 서울중앙지방법원 2013.10.11 2012가합81062
양수금
Text

1. The Defendant: (a) KRW 115,510,975 for the Plaintiff and KRW 5% per annum from October 13, 2012 to October 11, 2013; and (b) the Plaintiff.

Reasons

1. Facts of recognition;

A. On June 29, 2012, the Defendant entered into a contract for the lease of an automobile with the acquisition cost of KRW 133,084,750, rent of KRW 3,487,100, lease period of KRW 36 months, overdue interest rate of KRW 25% per annum (hereinafter “instant contract”) with respect to the automobile C (hereinafter “instant automobile”) supplied by Han Capital Co., Ltd. (hereinafter “I Capital”) and the stock company B (hereinafter “B”), and one Capital remitted the lease amount of KRW 106,462,750, excluding lease deposit for acquisition to B on the same day according to the said contract.

B. When the registration of the instant motor vehicle was not made in the name of One Capital, one Capital is not to terminate the instant contract as of September 15, 2012, if the content of the registration to the Defendant on August 31, 2012, based on Articles 13 and 22(4)6 of the terms and conditions of the instant contract as follows, and the Defendant did not register the instant motor vehicle in the future by September 14, 2012, on September 15, 2012.

'' notified'.

Article 13 (1) One Capital shall be registered in the name of one Capital Capital, and the defendant shall provide necessary cooperation.

(hereinafter) If any of the following events occurs to the Defendant under Article 22(4), one Capital may, after giving notice to the Defendant to perform the obligation, to remedy any defect or to correct any violation within a reasonable period of time, cancel or terminate this contract by losing the benefit of time for all the obligations against the Defendant, if the Defendant fails to perform the obligation within such period of time.

Where the registration of a vehicle is not made within the time limit for registration prescribed by relevant statutes.

C. On July 11, 2012, Han Capital transferred KRW 133,084,750 under the instant contract to the Plaintiff and notified the Defendant thereof.

Article 22(5) and Article 19 of the above Terms and Conditions shall apply to the damages payable by the defendant at the time of termination.

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