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(영문) 서울중앙지방법원 2015.01.15 2014가단74931
리스료
Text

1. As to the Plaintiff KRW 15,266,891 and KRW 14,162,553 among them, the Defendant shall pay to the Plaintiff KRW 15,26,891 from October 29, 2014, KRW 1,104,338.

Reasons

1. Facts of premise;

A. On November 15, 201, the Plaintiff entered into a lease agreement of the attached Form 36 months (hereinafter “the lease agreement of this case”) with the Defendant, 7,270,000 won (the sum totaling KRW 50,534,580 and KRW 26,75,420,00 in total, and KRW 26,735,420 in total, and KRW 77,534,580 in total, and KRW 50,534,580 in total, and KRW 26,735,420 in total, and KRW 50,534,58,30 in total, and KRW 26,735,420 in total, and KRW 2,68,309 in each month, and KRW 36 months in each lease period (hereinafter “the lease of this case”).

B. Under the above lease agreement, the Defendant, as well as the lease fees, imposed legal expenses, such as taxes and public charges on the instant leased vehicle, the Plaintiff’s exercise of rights, and the Plaintiff’s preservation of claims (on the basis of annual interest rate of 24%, January 365). On more than two consecutive occasions of delayed arrears are the grounds for termination of the lease agreement.

C. Meanwhile, the Defendant paid KRW 7,224,745 to the Plaintiff for the guarantee of obligation under the foregoing lease agreement, and thereafter, delayed payment of the lease fee at least twice while using the leased vehicle transferred around that time.

On March 27, 2014, the Plaintiff notified the Defendant on April 7, 2014 that if the principal and interest on arrears are not paid by April 7, 2014, the fixed-term interest may be lost and the lease contract of this case may be terminated without any separate notice. However, the Defendant did not pay the interest.

E. Accordingly, the Plaintiff filed the instant lawsuit seeking the payment of KRW 43,142,661, including the rental fee in arrears, and the Defendant returned the leased vehicle to the Plaintiff around June 27, 2014. The Plaintiff sold it and purchased KRW 30,860,000 from the proceeds of sale.

F. The instant lease agreement was terminated on July 1, 2014, which was after the date of the said return, and as of the same day, the details of the outstanding principal under the said lease agreement, the Defendant’s obligations, and the details disbursed by the Plaintiff in relation to the order to rectify the address following the said return date.

Unclaimed principal 34,958,644 won = 32-36 times from July 15, 2014, which was based on the date of termination.

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