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(영문) 수원지방법원성남지원 2020.02.12 2019가단210054

보증금반환

Text

1. Defendant D and Defendant F jointly share the amount of KRW 50 million to Plaintiff A, as well as the amount of KRW 50 million from March 11, 2019.

Reasons

1. Basic facts

A. Defendant D Co., Ltd. (hereinafter “Defendant Co., Ltd.”)’s status as the Defendants is a corporation for the purpose of automobile rental business, etc., and Defendant E is a representative of the Defendant Co., Ltd. as the inside director of the Defendant Co., Ltd., and Defendant F is a person who registered a vehicle in the name of the Defendant Co., Ltd. from 2013 to was engaged in siren business as the representative of the “Co. D

B. (1) On April 23, 2017, Plaintiff A entered into a vehicle lease contract and vehicle lease contract (the terms of the contract: 2 years of lease period; 70 million won; 1 year lease fee; 2.5 million won where the contract is terminated by one of the parties after delivery of the vehicle; 3 million won; 2.5 million won where the contract is terminated by one of the parties after delivery of the vehicle; 70 million won on April 25, 2017 and 25 million won on April 27, 2017 as designated account (the account of Defendant FF) as stated in the said vehicle lease contract.

(2) Afterwards, Plaintiff A agreed to change leased vehicles with Defendant F while using the said benz vehicle, and received the said benz vehicle (registration number H; hereinafter “NE”) on November 30, 2018. On December 7, 2018, Plaintiff A returned the fenz vehicle and received the fenz vehicle (registration number H; hereinafter “NE vehicle”). The difference in the deposit amount was refunded KRW 20 million from the Defendant Company’s account.

(3) However, around March 9, 2019, the Plaintiff: (a) called “I” and “I” to the Plaintiff; (b) Plaintiff A confirmed that the said vehicle was owned by I and returned the said vehicle to the said Company on or around March 10, 2019.

C. On April 26, 2016, Plaintiff B, including the vehicle lease agreement between Plaintiff B and Defendant F, with Defendant F, and with respect to the vehicle indicated in the separate sheet owned by the Defendant Company (hereinafter “BM vehicle”), the terms of the vehicle lease agreement and the vehicle lease agreement between the lessor and the Defendant Company: the lease period of three years;