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(영문) 서울중앙지방법원 2019.10.29 2018가단72438

자동차소유권이전등록절차인수등 청구의 소

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1. Defendant B Co., Ltd. is due to the transfer on March 24, 2015 on the motor vehicles listed in the separate sheet from the Plaintiff.

Reasons

1. Facts of recognition;

5. After the termination of the lease agreement table (14), the Defendant Company may choose one of the methods of disposal as specified in the table (14) column of the terms and conditions with the consent of the Plaintiff in advance at the expiration of the lease term, and the Defendant Company shall designate the terms and conditions at least two months before the expiration of the lease term and notify the Plaintiff in writing. However, if there is no declaration of intention at least two months before the expiration of the lease term, the Plaintiff shall comply with the terms and conditions as the Plaintiff may designate, and the Defendant Company may not demand the Plaintiff to transfer the ownership of the leased article by a third party.

1) On January 10, 2012, the Plaintiff is the Defendant Company B (hereinafter “Defendant Company”).

(B) between the vehicle and the vehicle listed in the separate sheet (hereinafter referred to as “instant leased vehicle”).

(1) The lease agreement of this case (hereinafter “the lease agreement of this case”) provides for the amount of KRW 84,850,000, the lease term of KRW 44 months, the lease fee of KRW 1,872,000 per month.

(2) Defendant C and D jointly and severally guaranteed the obligation owed by Defendant B to the Plaintiff according to the instant lease agreement, on the other hand, the content related to treatment after the termination of the lease term, among the instant lease agreement.

B. As the Defendant Company did not pay the rent, the Plaintiff terminated the instant lease agreement on March 24, 2015, and as of October 23, 2018, the amount the Defendant Company is obligated to pay to the Plaintiff under the instant lease agreement as of October 23, 2018 (i.e., overdue interest of KRW 16,95,612 for the unpaid rent of KRW 18,465,276 for the unpaid rent of KRW 16,95,612 for the overdue interest of KRW 4,686,39 for the unpaid rent of KRW 4,686,73,791 for the unpaid rent of KRW 25% per annum, and the overdue interest rate for the unpaid rent of KRW 13.84% per annum.

C. Meanwhile, the Defendant Company did not notify the Plaintiff of the method of disposing of the instant leased vehicle two months prior to the termination of the instant lease agreement.