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(영문) 부산지방법원 2020.11.11 2019가합51198
계약해제 등
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Defendant is the owner of the instant motor vehicle indicated in the attached list (hereinafter “instant motor vehicle”); C is the lessee who entered into the instant motor vehicle lease agreement with the Defendant, and the Plaintiff entered into the automobile lease agreement with C on August 30, 2019 to succeed to the status of lessee C (hereinafter “the instant lease succession agreement”); and its main contents are as follows.

After the succession of the lease agreement, the full receipt of the foregoing leased article under the lease succession agreement with the principal, who is the initial lessee, the lessee and the successor user, under the lease-based lease-based lease-based lease-based lease-based lease-based lease-based lease-based lease-based lease-based lease-based lease-based lease-based lease-based lease-based lease-based 28,000,000 and 47 times monthly lease-based lease-based (1,290,120).

Succession User: A

B. On November 7, 2019, when the Plaintiff was unable to receive the instant vehicle, the Plaintiff notified the Defendant of the delivery of the instant vehicle to the Defendant, and notified the Defendant that if the instant vehicle is not delivered within seven days from the date of receipt of the said notification, the Plaintiff would cancel the lease contract (hereinafter “instant cancellation notification”).

C. Meanwhile, the main contents of the terms and conditions of lease (the maintenance type of the terms and conditions of lease succession; hereinafter “instant terms and conditions”) are as follows.

Article 1 (Purpose) The purpose of this Agreement is to provide for matters concerning the rights and obligations between lessors (hereinafter referred to as “financial company”) and successor users (hereinafter referred to as “customers”) as applicable in the case of maintenance of the terms and conditions of lease succession on the front of this Agreement.

Article 2 (Succession to Lease Vehicles) Customer shall be the terms and conditions of the terms and conditions of the original agreement agreed with the relocating Customer with the financial company.

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