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1. The defendant shall pay 10,500 won to the plaintiff.
2. The plaintiff's remaining claims are dismissed.
3. The costs of the lawsuit.
Reasons
1. The following facts may be found either in dispute between the parties or in full view of the statements in Gap evidence 1, 2, 4, 7, 8, and 9 and the entire purport of the pleadings:
On May 27, 2011, the Plaintiff entered into a lease agreement with the Defendant on the amount of KRW 5,390,00, monthly rent of KRW 55,400, monthly premium of KRW 161,50, monthly premium of KRW 60, overdue interest rate of KRW 24% per annum, and the estimated residual value of the vehicle at KRW 11,58,00.
(hereinafter referred to as “the instant lease agreement”). B.
In the instant lease agreement, the Plaintiff and the Defendant agreed to pay the Defendant a penalty or fine for negligence in relation to the use of a motor vehicle which is the object of the lease agreement, and the Defendant agreed to notify the Defendant of the termination at least three business days prior to the date of termination and claim the return of the motor vehicle if the Defendant continues to delay the monthly rent more than twice.
C. From August 26, 2012, the Defendant paid only 73 won out of the monthly rent and monthly insurance premium as stipulated in the instant lease agreement, and did not pay the remainder. On October 29, 2012, the Plaintiff notified the termination of the instant lease agreement on November 25, 2012, on the ground that the Defendant’s delayed payment of the lease fee was due to the Defendant’s delinquency.
Around June 2013, the Defendant consented to arbitrarily dispose of the B motor vehicle which is the object of the instant lease contract, and the Plaintiff sold the said motor vehicle to a third party in KRW 16,160,000.
2. The Plaintiff asserted and determined that the instant lease contract was terminated by the Defendant’s delinquency in payment of the rent. As such, the Defendant calculated the sum of KRW 10,94,801, penalty, and administrative fine of KRW 10,500, which are the amount of damages estimated to be borne by the Defendant under the instant lease contract, and KRW 84,165, which are damages for delay until July 8, 2013 for stipulated damages.