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(영문) 서울중앙지방법원 2020.09.24 2019가단5302537
사용료
Text

The defendant shall pay to the plaintiff the amount of KRW 51,93,890 and the amount of KRW 51,040,470 from October 17, 2019 to the date of full payment.

Reasons

1. Facts of recognition;

A. On February 2017, the Plaintiff entered into a contract for the lease of a motor vehicle (lease) with the content that the Defendant and the acquisitor enter into a lease agreement with the Plaintiff at least KRW 156,422,720, for a lease period of 60 months, monthly rent of KRW 2,617,90, and at 25% per annum of the overdue interest rate (hereinafter “instant contract”).

B. Upon the Defendant’s delinquency in paying the lease fee under the instant contract, the Plaintiff terminated the instant contract on this ground, and accordingly, the instant contract was terminated on September 17, 2019.

C. The principal and interest of the Defendant’s obligation is KRW 51,93,890 in total as of October 16, 2019 (= Principal KRW 51,040,470 in delay damages of KRW 953,420).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff damages for delay calculated by an agreement of 25% per annum from October 17, 2019 to the date of full payment with respect to the total amount of principal and interest of the aforementioned unpaid obligation due to the termination of the instant contract and the outstanding principal amount of KRW 51,040,470.

3. In conclusion, the plaintiff's claim is justified and it is so decided as per Disposition.

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