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(영문) 서울남부지방법원 2018.06.20 2017가단242724
자동차인도
Text

1. The defendant shall deliver the vehicle listed in the attached list to the plaintiff.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. Facts of recognition;

A. On March 24, 2016, the Plaintiff, the owner of the instant motor vehicle indicated in the separate sheet (hereinafter “instant motor vehicle”), entered into an operating lease agreement with the Defendant with the term of 60 months, monthly lease fees of KRW 3,119,920, deposit money of KRW 63,440,00 (hereinafter “instant lease agreement”), and delivered the instant motor vehicle to the Defendant.

B. According to the terms and conditions applicable to the instant lease agreement, when the Defendant delays the monthly rent at least twice, the Plaintiff may terminate the instant operating lease agreement and claim the return of the instant vehicle. The Defendant shall return the vehicle to the Plaintiff on the date of termination or termination of the lease agreement where the lease agreement is terminated due to the expiration of the lease term or the cancellation or termination of the lease agreement. However, when the Defendant delays the monthly rent at least twice, the Plaintiff notified the Defendant that the instant lease agreement was terminated on March 20, 2017.

C. The unpaid rent, etc. as of the date of termination of the instant lease contract is KRW 9,19,920, overdue interest, KRW 63,123, overdue interest, KRW 2,359,156 for the term of the lease, and KRW 61,959,057 for early termination [The unpaid rent, etc. as of the date of termination of the instant lease contract x 35% x [The unpaid rent x KRW 150,063,878 (i.e., monthly rent 3,119,920 x 12 months ± 365 days x 365 days x 26,962,00) x March 23, 2021] 73,501,506 won].

On the other hand, on June 2, 2017, the Plaintiff received the Seoul Southern District Court 2017Kadan201771 (Seoul Southern District Court) and completed the enforcement on June 14, 2017, and the Defendant paid KRW 12,371,582 to the Plaintiff on June 7, 2017.

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

2. According to the facts of the judgment on the cause of the claim, the instant lease agreement was terminated as the Defendant’s delayed payment of rent.

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