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Sun v. Mercedes Benz Credit Corp.

A liquidated damages provision obligating the lessee to pay a monthly lease payment in addition to all of the lease payments due and owing under the lease at the time of the lessee's default, was an unenforceable windfall to the lessor since the remainder of liquidated damages clause provided the lessor with compensation for every conceivable loss.

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Mercedes Benz Credit Corporation “MBCC” sued Hong K. Sun after Sun breached his lease agreement for a 1996 Mercedes Benz automobile. Sun counterclaimed, alleging that MBCC libeled him in a report to credit reporting agencies and that MBCC’s failure to rectify the erroneous report violated 15 USC § 1666. The trial court granted summary judgment to MBCC on both its claim and Sun’s counterclaim. Sun appeals, asserting that the lease contained an unenforceable liquidated damages clause and that factual issues remain concerning his libel counterclaim. Sun also contends that the trial court erred by refusing to allow him to amend his counterclaim to add additional claims. For reasons that follow, we affirm in part and reverse in part.

1. In reviewing the trial court’s grant of summary judgment, we conduct a de novo review of the evidence.1 “To prevail at summary judgment under OCGA § 9-11-56, MBCC must demonstrate that there is no genuine issue of material fact and that the undisputed facts, viewed in the light most favorable to Sun, warrant judgment as a matter of law.”2

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