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(영문) 서울중앙지방법원 2014.07.17 2013가합542472

손해배상(기)

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. From August 2005, the Defendant: (a) from around August 2005, when working as an instructor at a private teaching institute operated by the Plaintiff; and (b) around the end of 2006, entered into a car lease agreement with the Plaintiff’s wife C, who worked as the head of the office at the said private teaching institute; and (c) the Defendant decided to use the leased vehicle.

B. C provided the leased company with necessary documents, such as the Plaintiff’s certificate of personal seal impression, according to the above agreement, and on January 2, 2007, the automobile lease contract for the Plaintiff as the lessee was prepared.

C paid the lease deposit to the lease company through the Plaintiff’s account, and the Defendant has used the vehicle released under the above lease contract since that time.

C. Around March 2010, the Defendant disposed of the said leased vehicle with C and concluded a new car lease agreement.

Accordingly, C provided a new lessee with necessary documents, such as a certificate of the Plaintiff’s personal seal impression, and on April 19, 2010, a new automobile lease contract with the Plaintiff as the lessee was prepared.

Since that time, the defendant has used the vehicle released according to the second lease contract.

As above, while using the leased vehicle, the Defendant retired from office around July 2012 while continuing to give a lecture at the Plaintiff’s private teaching institute, and around that time, returned the said second leased vehicle to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2 (including paper numbers), Eul evidence 2 and 5, Eul evidence 3, part of Eul evidence 3, the purport of the whole pleadings

2. Determination as to the cause of claim

A. The Plaintiff’s assertion (i) The summary of the Plaintiff’s assertion is as follows: (a) the Defendant, under the Plaintiff’s name, made a false statement to C that he would bear the lease fee by deducting the lease fee from the tuition fee that he would be paid; or (b) by threatening C as if he did not accept his demand.