손해배상(기)
1. All appeals filed by the plaintiff and the defendant are dismissed.
2. The costs of appeal shall be borne by each party.
The purport of the claim and appeal is the purport of the appeal.
1. The court's explanation concerning this case is "3." of the judgment of the court of first instance which reduces the 23th 12th th of the judgment of the court of first instance.
2) Article 420 of the Civil Procedure Act is amended to “2.D.2” and the judgment of the parties in the trial is added in addition to the addition of the judgment of the parties in the trial as follows. As such, the reasoning of the judgment of the court of first instance is as stated. Therefore, this is cited as it is in accordance with the main sentence
2. Additional determination
A. Determination 1 on the Defendant’s argument that there is no ground for rescission of each acquisition agreement of this case) The respective acquisition agreement of this case between the Defendant and the lender is a contract for acquisition of a contract, the main purpose of which is to transfer the Defendant’s status as the party to the contract under the lease agreement between the Defendant and the lender, and to withdraw from the contractual relationship under the lease agreement of this case.
However, since the instant lease agreement constitutes a financial lease that provides a lessee with convenience in financing the acquisition of the instant leased property to a lender, the existence of the leased property does not constitute an important part of the instant lease agreement, and even each acquisition by transfer of the instant leased property does not constitute a major obligation of the Defendant even in the instant lease agreement.
B. Nevertheless, each acquisition by transfer contract of this case stated that the subject matter of the transfer, including the lease object of this case, is the transfer of all the Defendant’s rights under the lease contract of this case, and it does not mean that the Defendant acquires the lease object from the lender and then transfers its ownership again to the Plaintiff.
Therefore, the Defendant agreed to transfer the status of the lessee as the lessee under the instant transfer agreement to the Plaintiff, and the lessee sent and consented to the letter of consent of the fixed date fixed on March 19, 2013, and the Defendant is subject to the instant transfer agreement.