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(영문) 서울중앙지방법원 2016.08.31 2016가단5058655
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including costs incurred by participation, are all assessed against the Plaintiff.

Reasons

1. Basic facts

A. A. On July 2008, the Plaintiff entered into a siren agreement with a gold siren Co., Ltd. (hereinafter “instant car”) for the term of three years, monthly rent of KRW 1210,000 (hereinafter “instant siren agreement”).

B. After doing so, the Geum Litter Co., Ltd. entered into a contract for the takeover of business with the Korea Transportation Co., Ltd. (hereinafter “Defendant”) on the part of the automobile rental business and transferred it to another party, and dissolved after changing the name of the company to Kuho-si Co., Ltd.

C. On November 3, 2009, the Defendant: (a) divided the company into a gold siren Co., Ltd.; (b) was merged with the company divided into the company on June 8, 2010, and (c) was merged into the Defendant’s Intervenor.

[Ground of recognition] Unsatisfy, entry of Gap evidence 7 and 20 (including provisional number), the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. (1) The Plaintiff’s assertion (1) concluded the instant rental contract without additional fees in the event of an accident not caused by the Plaintiff’s negligence, and the Plaintiff borrowed the same class during the repair period. On August 2008, when driving the instant vehicle, the instant vehicle was returned to the Plaintiff and the Defendant was handed over to the lessee of the instant vehicle (hereinafter “p Rexroth”) due to the occurrence of an accident involving the wheels of the wheels of the instant vehicle.

(2) Although the Defendant could not claim rent from the Plaintiff for rent for a free rental vehicle, the Defendant received KRW 6050,000 from the Seoul Guarantee Insurance Co., Ltd. that the Plaintiff concluded a performance guarantee insurance contract for KRW 6050,000,000 from the Seoul Guarantee Insurance Co., Ltd. for a performance guarantee insurance for KRW 6050,000,000, which caused the damage of the Plaintiff to claim for reimbursement against the Plaintiff.

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