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1.In accordance with the reduction and modification of the purport of the claim in the trial, the judgment of the first instance shall be modified as follows:
The defendants are the defendants.
Reasons
1. Judgment on the ground of the plaintiff's claim
A. (1) On April 27, 2013, the Plaintiff entered into a contract for facility leasing (a lease) with Defendant A (hereinafter “instant lease contract”) with respect to YFnasa SMAR A/T vehicles (vehicle number C: hereinafter “instant vehicle”), and Defendant B jointly and severally guaranteed the Plaintiff’s obligation to the said lease contract on the same day.
① The contract date: (2) April 27, 2013: 54 months (including value-added tax) (from April 27, 2013 to October 27, 2017). (3) monthly rent (including value-added tax): 505,340 won; (4) overdue interest rate per month: 24% per annum; 4,859,800 won (including value-added tax): Special settlement (Article 23) with respect to the long-term rental car agreement applicable to the instant lease agreement, calculated as follows as of the date of return of the instant vehicle at the time of early termination of the instant lease; (3) Defendant A shall pay the Plaintiff early termination fee (Article 14); and (4) returned pension (Article 16) in lieu of the administrative fine imposed on Defendant A’s operation, Defendant A shall pay the amount equivalent to the said administrative fine (Article 17) to the Plaintiff.
(1) Early termination commission = [The monthly lease fee 】 12) / 365 】 (the total number of days elapsed ? the number of days elapsed ? the estimated residual value) 】 (30%) 】 (the fee rate of a case where the period is not more than 18 months) 】 (2) refunded pension = Monthly lease fee / 31 】 the number of days elapsed x 200% (3) x Defendant A did not pay monthly lease fee to the Plaintiff from June 5, 2013 (the monthly lease payment date for the period from April 27, 2013 to May 26, 2013) in accordance with the instant lease contract.
(4) Even if Defendant A violated the obligation to pay rent, etc. on one occasion, the Plaintiff’s failure to perform the obligation within a reasonable period of time even though Defendant A notified the Plaintiff to perform the obligation.