logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2020.10.28 2019가단239581
채무부존재확인
Text

The plaintiff (Counterclaim defendant)'s main claim is dismissed.

The Plaintiff (Counterclaim Defendant) is the Defendant (Counterclaim Plaintiff) with KRW 53,255,200 and KRW 53,200.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Facts of recognition

A. The Defendant, as an automobile rental business entity, concluded a car rental contract with the Plaintiff and the Plaintiff’s auditor D as a joint lessee as follows.

(hereinafter referred to as “each of the instant lending contracts”). 1 The date of entering into the first lending contract: 2018

3. 7. Rental Vehicles: The date of concluding a loan contract for the period of 549,00 won from the acquisition date ( March 23, 2018) : the date of concluding the loan contract for the second period of 48 months: the rental vehicle on December 22, 2017: the date of 2018 NASGG80 2W-based loan contract for the third period of 48 months from the acquisition date ( January 22, 2018): 1,118,000 won: the date of concluding the loan contract for the third period of 48 months from the date of acquisition (hereinafter referred to as the date of January 22, 2018): the date of concluding the loan contract for the rental vehicle on August 18, 2017: the period of 2018 NASY 2010, 2010 YYY 10,2010 YYY 10,2018.

B. According to each of the instant lending contracts, where the obligation to pay rent, etc. has been violated twice or more (Article 6), the penalty for early termination is calculated by the method of “30% if the remainder of the contract is more than two years x the remainder of the contract x 30% if the remainder of the contract is less than two years, 20% if the remainder of the contract is less than two years, and 10% if the remainder of the contract is less than one year (Article 3), and the refund amount is calculated by the method of “monthly rent x the number of delayed payment x the number of delayed payment x 20%” (Article 13), and the overdue interest rate is 24%.

On the other hand, the lessor shall directly guarantee the lessor, and the amount of immunity shall be borne by the lessee (Article 10), and the amount of immunity per accident as stipulated in each of the above contracts is KRW 300,000.

C. As the Plaintiff did not pay rent twice or more, the Defendant notified the representative director, auditor, and employee of the Plaintiff Company of the sending text messages and the notice of expected contract was sent, and the Defendant did not pay the overdue loan fee to the Plaintiff by March 11, 2019 ( March 15, 2019) by March 11, 2019.

arrow