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Reasons
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(영문) 수원지방법원 2018.05.29 2018가단400
채무부존재확인
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1. The Plaintiff (Counterclaim Defendant) shall pay 500,000 won to the Defendant (Counterclaim Plaintiff) and the full payment with respect thereto from February 13, 2018.

Reasons

1. Facts of recognition;

A. On December 23, 2015, the Plaintiff concluded a motor vehicle long-term lease agreement with the Defendant (hereinafter “instant motor vehicle”) on a monthly rent of KRW 1,088,00, 48 months during the lease period, and 24% per annum on a delayed interest rate of 24%.

(hereinafter “instant loan agreement”). (b)

From March 2017 to July 2017, the Plaintiff delayed the rental fee for the instant automobile, and the Defendant urged the Plaintiff to pay the overdue rental fee on July 7, 2017.

C. Since then, the Plaintiff did not pay the overdue rental fee for the instant automobile, the Defendant expressed his/her intention to terminate the instant rental contract to the Plaintiff on August 10, 2017, and recovered the instant automobile from the Plaintiff.

According to the instant lending contract, where the contract is terminated due to a cause attributable to the lessee, etc., the customer shall pay the company a penalty applying the penalty rate (less than one year from the date of conclusion of the contract, less than two years, less than 20%, and less than three years) to the total amount of monthly rent for the remaining contract period, and pay 50,000 won for each accident as a discharge amount.

E. While the Plaintiff used the instant vehicle, it did not pay KRW 500,000 exempted money to the Defendant, even though it was damaged to the front pandeer, etc. of the instant vehicle. The Defendant was paid KRW 5,790,960 as insurance money from the Seoul Guarantee Insurance Co., Ltd., which guaranteed the Plaintiff’s performance of obligation (i.e., KRW 1,08,000 KRW 36,266 KRW 10,00 KRW 36,266 KRW 36,266 per month, and KRW 10,00 KRW 8,816,30 for penalty (i.e., KRW 29,387,775 KRW 29,60 for the remainder of the contract period).

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 to 7, the purport of the whole pleadings

2. According to the above fact of finding the defendant's counterclaim, the plaintiff is exempted from liability to the defendant.

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