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(영문) 부산지방법원 동부지원 2018.10.31 2017가단205594

사용료

Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On June 9, 2016, the Plaintiff lent to the Defendant a T-Max Oba (C; hereinafter “the instant Oba”), and the Defendant returned the instant Oba to the Plaintiff on August 6, 2016.

B. The Defendant’s automobile rental 1) around April 2016, upon the Plaintiff’s request from the Plaintiff that “a motor vehicle is leased under the Defendant’s name due to its credit condition,” and instead of leasing a motor vehicle under the Defendant’s name, the Plaintiff agreed to send monthly money equivalent to the lease fees to the Defendant (hereinafter “instant use contract”).

(2) Accordingly, on April 27, 2016, the Defendant concluded a financial lease agreement with D Co., Ltd. (hereinafter “D”) on a monthly rent of KRW 889,384 (payment on April 15, 201, and automatic transfer from the Defendant’s account to July 15, 2016) to use one motor vehicle (E, F, and hereinafter “instant motor vehicle”) from D Co., Ltd. (hereinafter “D”) to the Plaintiff.

3) On July 18, 2016, the Defendant concluded a financial lease agreement under the name of the Defendant to use the instant vehicle from July 18, 2016 to July 15, 2019 (payment on July 15, 2016, and automatic transfer from the Defendant’s account) with the lessee company for the period of the said lease agreement expires. The Defendant concluded a contract under the name of the Defendant to use the instant vehicle from July 18, 2016 to July 15, 2019: The Plaintiff (user): the instant automobile (the Plaintiff’s remaining 27,036,000 won for the vehicle remaining in 2010): the amount agreed with the lessee company: the agreement amounting to KRW 869,913: the end date of July 16, 2016 for the re-lease of the vehicle (the “lease”) to the company’s overall responsibility for the use of the vehicle,” and the entire term of the lease.

“B” is re-existent due to the expiration of the period of use after the succession of this leased vehicle.