beta
(영문) 서울중앙지방법원 2014.02.12 2012가단262062

양수금

Text

1. The Defendant’s KRW 40,118,00 for the Plaintiff and KRW 5% per annum from December 6, 2012 to February 12, 2014.

Reasons

1. Basic facts

A. One Capital Co., Ltd. (hereinafter referred to as “one Capital”) is a financial company established for the purpose of facility leasing, installment financing, and other specialized credit businesses. A stock company B (hereinafter referred to as “B”) is a corporation that carries on vehicle sales business, etc., sells a IM Korea’s official drum, which is an imported vehicle, and the Defendant is an elementary school teacher of C as a business employee of B.

B. (1) On July 2012, the Defendant concluded a lease agreement with C to purchase the juitius model (CTS) and on July 4, 2012, the terms and conditions attached to the instant lease agreement include the following: (a) the lessee, the acquisition cost, the amount of KRW 46,80,000, the lease period of KRW 36 months; (b) the monthly rent of KRW 910,000; and (c) the overdue interest rate of KRW 25 per annum; (b) the lessee concluded a lease agreement for automatic company facilities (hereinafter “lease agreement”); and (c) the terms and conditions attached to the instant lease agreement include the following:

(hereinafter referred to as “A” is based on the entry of the lease term in the lease term list by the Defendant, “B”, and “B”. Article 3 (Lease Term) The lease term is calculated from the date on which “A issued the vehicle receipt.”

Provided, That the lease shall be deemed to have been executed when Party A confirms the delivery of a vehicle from the seller and pays the purchase price and notifies Party A of the commencement of the lease in writing, even if Party A received the vehicle without any justifiable reason.

Article 10 (Purchase and Delivery, etc. of Vehicles) 1.A shall determine the seller and size, function, specifications, etc. of the vehicle, and Eul shall order the seller on behalf of the seller A, and Eul shall not bear any liability or cost in relation to the selection of the vehicle.

2.A shall have taken over the vehicle when it is delivered by the seller.