(영문) 서울남부지방법원 2017.04.04 2016가단250414

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(영문) 서울남부지방법원 2017.04.04 2016가단250414

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1. The defendant shall pay to the plaintiff the amount of KRW 49,299,086 and KRW 46,548,216 among them, from February 15, 2017 to the day of full payment.

Reasons

1. Facts of recognition;

A. On September 13, 2013, the Plaintiff entered into a lease agreement with the Defendant and A vehicles at KRW 48 months, monthly lease fees of KRW 2,757,00, and around that time, delivered the said vehicle to the Defendant.

B. At the time of the above lease agreement, the Defendant agreed to pay the earlier termination fee if the contract is terminated halfway, and the refund delay amount if the return of the vehicle is delayed despite the termination of the contract, and the compensation for delay calculated at the rate of 24% per annum if the amount to be paid to the Defendant under the lease agreement, such as the lease fee, is overdue.

C. The foregoing lease agreement was terminated on November 15, 2016 on the ground of the Defendant’s delinquency in the lease fee, and the refund payment amounting to KRW 2,750,870 on February 14, 2017 is KRW 46,548,216 on the ground of the Defendant’s delinquency in the lease fee.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 to 7, the purport of the whole pleadings

2. Determination

A. According to the above facts, the Defendant is obligated to pay to the Plaintiff the agreed interest rate of 24% per annum from February 15, 2017 to the date of full payment for the total amount of KRW 49,299,086, including the above return payment ground pension and the fee for early termination, and the fee for early termination of KRW 46,548,216, which is the following day of the above base date.

B. As to this, the Defendant asserts to the effect that it is unfair to bear the lease fees and the fee for early termination during the remaining period, even though the said lease contract was terminated and returned.

However, the defendant must pay the lease fee for the remaining period under the above lease agreement.

Since there is no evidence to prove that the burden of early termination fees is unfair, the above assertion is without merit.

3. In conclusion, the plaintiff's claim is reasonable, and it is so decided as per Disposition by admitting it.

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