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(영문) 창원지방법원 2015.12.24 2014가합34614

리스채무금 청구의 소

Text

1. As to the Plaintiff (Counterclaim Defendant)’s KRW 362,915,100 and KRW 280,337,847 among them, the Defendant (Counterclaim Defendant) shall have the effect on October 14, 2014.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The parties concerned are companies with the purpose of installment financing business, facility leasing business, etc., and the defendant merged B, a company with the purpose of manufacturing and selling automobile parts, which aims at manufacturing solar energy and hot water pumps on September 19, 2014.

(hereinafter referred to as the Defendant and B as “Defendant”. B

(1) On January 9, 2013, the Plaintiff entered into each of the instant lease agreements, etc.: (a) an automobile facility lease agreement (hereinafter “instant first lease agreement”) entered into in the Defendant’s name through the Plaintiff’s affiliated shop employees (hereinafter “instant first lease agreement”); and (b) the instant lease agreement entered into accordingly is “instant first lease agreement”.

(3) The Plaintiff submitted the Plaintiff’s automobile to the Plaintiff, and the Plaintiff’s automobile to the Plaintiff’s automobile to the Plaintiff’s automobile to the Plaintiff’s automobile to the Plaintiff’s automobile to the Plaintiff’s automobile to the Plaintiff.

(2) On January 9, 2013, the Plaintiff submitted a lease agreement for automobile facility leasing (hereinafter “instant second lease agreement”) in the name of the Defendant (hereinafter “instant second lease agreement”) with the term of 60 months, 2,898,700 won per month, 12,790,000 won, and 19,185,000 won with the remaining value of the vehicle at maturity. Around that time, the Plaintiff delivered the said automobile to the Defendant. (2) On January 9, 2013, the Plaintiff received the lease agreement for automobile facility leasing (hereinafter “instant second lease agreement”) in the name of the Defendant through the Plaintiff’s affiliated operating employees, and the execution of the said agreement was made on April 0, 20, 200 and KRW 10,80,000,000,000,000 and KRW 80,000,000,000,000,000.

3) On January 9, 2013, the Plaintiff’s automobile facility leasing contract (hereinafter “instant third lease contract”) written in the name of the Defendant through the Plaintiff’s partner affiliated with the Plaintiff’s business (hereinafter “instant third lease contract”). Accordingly, the agreement is concluded.