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(영문) 서울중앙지방법원 2015.04.16 2014가합27161
리스료
Text

1. The Defendant’s annual period from August 18, 2014 to April 16, 2015, as to KRW 92,929,466 and KRW 78,57,786 among the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff entered into a contract for the lease of an automobile (hereinafter the instant contract No. 1 and No. 2) with the Commission (hereinafter the “Commission”) on the condition that two automobiles are leased and the lease fee is paid as follows, and the Defendant jointly and severally guaranteed the lease obligation against the Plaintiff of the Commission (hereinafter the Plaintiff).

On March 11, 2010, the date of the instant contract No. 1, 2010, the overdue interest rate of 25% per annum 44 months per annum for the lease term of 5,901,600 won per unit of 5,901,600 won per unit of the lease term of 5,901,600 won per unit of 5,901,600 won per unit of March 11, 2010.

B. On the expiration of the lease period of the instant contract No. 1 and No. 2, the Defendant partially paid the lease fee to the Plaintiff. The Plaintiff recovered KRW 1,850,000 on June 26, 2014 through the public auction procedure on the ground that the windurf had been initiated rehabilitation procedure and the benefit of time has been lost.

C. Ultimately, the costs of unrepaid lease charges and damages for delay under the instant contract Nos. 1 and 2, and the Plaintiff’s automobile tax and penalty paid on behalf of the windurf, as of August 17, 2014, are as follows.

29,90,00 won of the principal of the unclaimed lease charges of this case No. 2 of this case 1 x 229,90,425,00 won of the principal to be repaid - 21,082,786 won of the principal to be recovered, 62,565,167 won of the unpaid lease charges of this case + 81,433 won of the past interest (interest accrued due to delay in principal during the lease period) + 9,56,186 won of the late interest + 62,56,167 x 25% of the outstanding lease charges of this case 】 223 days (23 days following the expiration of the lease period of this case 2. 16, 305 x 27. 5 days (from November 16, 2013 to 205), x 2075 x 57. 5 days of the public sale ± 5075 days (5. x 7. 5 days of the expiration of the lease period of this case ± 26. ;

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