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(영문) 서울중앙지방법원 2015.01.30 2014가합34497

손해배상(기)

Text

1. The defendant

(a) KRW 59,268,814 and a rate of 20% per annum from January 31, 2015 to the date of complete payment.

Reasons

1. Basic facts

A. On May 2012, the Plaintiff received a proposal from the Defendant to conclude a lease agreement on the instant vehicle in the name of the Plaintiff on the attached list (hereinafter “instant vehicle”). On May 25, 2012, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant with respect to the instant vehicle with the Korea Social Services Korea Co., Ltd. (hereinafter “Non-Mbox”).

The vehicle price: 104,100,000 won: 6,70,540 won for lease deposit for 36 months: 22,160,00 won for lease (in cases of returning a vehicle upon termination of the lease contract, the aforementioned lease deposit shall be refunded, but the remainder deposit shall be refunded after deducting 1,000 won per 1km, if the odometer exceeds 25,000km each year) for the residual value of the vehicle: 4,320,00 won (in cases of accepting the vehicle of this case without returning the vehicle of this case after the expiration of the lease term, 22,160,00 won for each vehicle shall be paid each time after deducting the lease deposit (22,160,000 won) paid from the residual value of the vehicle of this case from the residual value of the vehicle of this case).

B. At the time of entering into the instant lease agreement, the Defendant paid KRW 22,160,000 insurance money for the instant vehicle and KRW 3,800,000 for the instant vehicle, and thereafter paid only KRW 19,770,000 among the instant lease fees from June 20, 2012 to April 2013.

C. On November 6, 2012, the Plaintiff himself, the nominal owner of the lease contract, was urged to pay the lease fees from IMWs.

Accordingly, the Defendant proposed that the Plaintiff dispose of the instant vehicle as a second class, and received the Plaintiff’s certificate of personal seal impression, the vehicle register and the lease contract concerning the instant vehicle, but the Defendant provided the instant vehicle as security and offered it to the Defendant on November 201, 2012.