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(영문) 서울중앙지방법원 2016.02.04 2015가단60236

자동차인도 등

Text

1. The defendant shall be the plaintiff.

(a) deliver a motor vehicle listed in the separate sheet;

(b) KRW 12,00,000 and this shall apply thereto. < Amended by Act No. 13500, May 2015>

Reasons

1. Facts of recognition;

A. The Plaintiff, a juristic person for rent-a-car business, etc., on May 22, 2013, leased a motor vehicle owned by it (Class BMW 528i, vehicle number B) to the Defendant for at least one month of lease period, deposit amount of at least 50,000 won, monthly rent of KRW 2.6 million, and monthly rent payment date of rent.

B. On November 27, 2013, the Plaintiff and the Defendant changed the lease amount to the vehicle indicated in the separate sheet, and the monthly rent to KRW 2.5 million, respectively.

C. From November 17, 2014, the Defendant did not pay the monthly rent, and the Plaintiff expressed in the instant complaint the intent to terminate the vehicle lease contract on the ground of more than two years of rent.

[Ground of recognition] Unsatisfy, entry of evidence A1 to 5, purport of the whole pleadings

2. According to the above facts of recognition, the vehicle lease contract between the plaintiff and the defendant was lawfully terminated on April 21, 2015, on which the copy of the complaint of this case indicating the plaintiff's intention of termination was served on the defendant.

Therefore, the Defendant is obligated to deliver the vehicle listed in the attached list to the Plaintiff and pay 12.5 million won in arrears until March 2015 (=2.5 million won x five months) the remainder after deducting 500,000 won from the deposit, and to pay unjust enrichment at the rate of 2.5 million won per month from April 1, 2015 to the delivery of the vehicle listed in the attached list.

The Defendant asserts to the purport that the Plaintiff is obliged to transfer the ownership of the vehicle indicated in the separate sheet to the Defendant, on the other hand, since the Plaintiff’s transfer of ownership to a long-term lease by April 2014, but thereafter agreed to transfer ownership on November 2014, and the Defendant paid at least KRW 50 million for a long-term lease by November 2014.

However, the record of No. 1 of the defendant's conversations with C in relation to the transfer of vehicle ownership is just as the defendant asserts.