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(영문) 서울고등법원 2015.03.13 2014나2012117

부당이득금

Text

1.The judgment of the first instance shall be modified upon a request that has been modified in the trial as follows:

The plaintiff's defendants.

Reasons

1. Facts of recognition;

A. (1) The Plaintiff, as a doctor, lent KRW 140 million to C Co., Ltd. operated by B around 2005, and at that time, B guaranteed its debt. (2) B established and operated D Co., Ltd. (hereinafter “D”) on May 17, 201 for the purpose of leasing medical appliances and automobiles, and concluded a lease contract in good faith between a leasing company and a lessee (main intent), the lessee would take over a vehicle from the leasing company and transfer the vehicle to the lessee, and the lease contract agency business was conducted in a way that the lessee would pay the agency fee.

In this process, D entered into a lease agreement with a lease company and a third party together with a lease user, and received a vehicle from a lease company, and then operated the vehicle again to the lessee.

3) B, while operating D as above, failed to repay the Plaintiff’s debt, and offered that the Plaintiff would lease BMW vehicle to the Plaintiff in lieu of repayment of the debt. B) On January 2012, the Plaintiff accepted the foregoing proposal made by B, and on January 30, 2012, concluded a lease agreement with the Plaintiff on the condition that the Plaintiff and D jointly agreed to lease BM730L vehicle with the monthly lease fee of KRW 3,67,300, and the lease period of KRW 44 months.

(2) The Plaintiff and D, at the time of entering into the instant lease agreement, directly signed or sealed a certificate of the acquisition of the instant lease, stating that the Plaintiff and D had taken over the instant lease vehicle according to the pertinent lease agreement, and issued it to the Defendant Filial Capital.

The contents are as follows:

It is confirmed that the above vehicle has been taken over in accordance with the automobile lease contract with Egyptian.