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(영문) 창원지방법원 2019.03.22 2018나55637
위약금 등
Text

1. Of the judgment of the court of first instance, KRW 2,433,33 of the Plaintiff as to the Defendant and its related thereto, from October 25, 2017 to March 22, 2019.

Reasons

1. Facts of recognition;

A. On September 22, 2015, the Plaintiff: (a) on September 22, 2015, lent the instant vehicle to the Defendant (hereinafter “instant lease agreement”); (b) from September 22, 2015 to September 21, 2019, the lease fee of KRW 950,000 per month; and (c) KRW 4,660,00 per month; and (d) the deposit of KRW 4,660,00 per month.

B. The main contents of the instant lease agreement are as follows.

- The terms and conditions of automobile (long-term) lease - the terms and conditions of this contract - Article 3(5) of the terms and conditions of this contract may be returned from the security deposit to the company for any obligation not performed by the customer upon the termination of this contract due to the expiration, cancellation, termination, etc. of the contract. 8) If the contract has been terminated due to the customer’s circumstances or causes attributable to the customer, the customer shall pay the company

(hereinafter referred to as "the penalty clause of this case") : Within one year: 30%: 25% for a period not exceeding two years, and 20% for a penalty: Monthly rental fee x the number of months remaining x the termination and termination of the contract under Article 10 of the contract of this case x the company may terminate this contract where the customer falls under any of the following, and claim the return of the vehicle or recover it:

1. Overdue the payment of rent on not less than two occasions;

Article 17(1) of this Agreement provides that matters not provided for in this Agreement shall be implemented in accordance with the standard terms and conditions for vehicle leasing that are enacted and publicly notified by the Fair Trade Commission. - Article 8(Termination of the Terms and Conditions for Automobile Rental Contract) - If a customer is unable to use a siren due to any defect in transferring a siren, the customer may be subject to measures or terminate the lease contract pursuant to Article 20(3).

(4) Where a lending contract is terminated due to the circumstances of the customer, the customer shall pay to the company an amount equivalent to 10% of the remainder rental fee.

Provided, That in the case of a long-term contract for at least six months, the company and its customers shall incur losses.

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