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(영문) 서울중앙지방법원 2016.05.26 2015나53857
사용료
Text

1. Of the judgment of the first instance court, the Defendant was from July 26, 2014 with respect to KRW 2,248,07 and KRW 2,149,014, among the judgment, to the Plaintiff.

Reasons

1. Basic facts

A. On February 26, 2013, the Plaintiff entered into a facility lease agreement (hereinafter “instant lease agreement”) that leases hybrid vehicles to B Co., Ltd. (hereinafter “B”) (hereinafter “B”).

The defendant was the representative director of B at the time of the above contract, and the defendant jointly and severally guaranteed all the payment obligations, such as monthly rent, to be borne by B to the plaintiff.

The main contents of the lease contract of this case are as follows.

The vehicle amount is KRW 23,704,782, estimated residual value of KRW 14,927,00 deposit of KRW 3,245,00 (B) monthly rent of KRW 940,720, and KRW 24% of overdue interest rate of KRW 21 from February 26, 2013 to February 26, 2013, B under the terms and conditions of the Plaintiff at the time of the instant lease contract.

2) If the return of the motor vehicle is delayed despite the termination of the contract due to the termination of the contract of this case, the refund delay shall be paid.

B. B did not pay rent, and the Plaintiff terminated the instant rental contract on June 10, 2014.

B returned the vehicle on the same day.

C. As of the date of termination above, 2,394,014 won (441,395 won per month on the date of termination, rent 1,710,400 won per month, overdue rent 27,038 won, value-added tax 215,181 won) was calculated as basic settlement amount.

In addition, the remaining rent up to the contract maturity is KRW 5,226,794, and the estimated residual value is KRW 14,927,00,00. Based on this, it is 6,046,138 won [the fee rate corresponding to the expiration period of 18 months or less] when calculating the earlier termination fee.

The deposit already paid at KRW 2,394,014 and the early termination fee of KRW 6,046,138 shall be 3,245.

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