손해배상(기) 등
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Plaintiff is a corporation that performs construction works, etc., and around the end of 201, the Defendant introduced C related to the redevelopment project in Seodaemun-gu Seoul, Seodaemun-gu, Seoul and intended to order the removal construction work.
On September 28, 2011, the Plaintiff entered into a motor vehicle lease agreement with the Edice Capital Co., Ltd. on an Adice six motor vehicle (hereinafter “instant motor vehicle”) and provided the said motor vehicle to the Defendant, thereby allowing the Defendant to operate the said motor vehicle.
On December 8, 2011, the Plaintiff remitted KRW 50 million to C.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 6, the purport of the whole pleadings
2. Determination on the cause of the claim
A. As to the claim for the guaranteed debt amounting to KRW 50 million, the Defendant asserted on December 8, 201, the Plaintiff guaranteed to the Plaintiff for KRW 50 million that the Plaintiff would pay to C on the same day on the same day. Since the Plaintiff failed to receive the removal work thereafter, the Defendant is obligated to pay the Plaintiff the above KRW 50 million. (2) The Defendant’s statement in the evidence Nos. 8 and 9 as well as witness D’s testimony alone is insufficient to recognize the fact that the guarantee contract was concluded between the Plaintiff and the Defendant on December 8, 201, with respect to KRW 50 million between the Plaintiff and the Defendant. The Plaintiff’s allegation in this part is without merit.
B. As to the claim for damages of KRW 31,257,995 for the instant passenger car, the Plaintiff asserted with the Defendant around September 28, 201, the Plaintiff concluded a car lease agreement with the Defendant on the instant passenger car and agreed to provide the instant passenger car to the Defendant, but the Defendant paid the lease fee to the leased company.
On September 28, 2011, the Plaintiff concluded a motor vehicle lease agreement with a Co., Ltd. for the instant motor vehicle and offered the motor vehicle to the Defendant. The Plaintiff’s failure to pay the lease fee to the Defendant on September 29, 201 and the Plaintiff’s motor vehicle deposit KRW 4,374,00,000, and the valid capital from October 1, 201 to January 2013.