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(영문) 서울중앙지방법원 2015.08.26 2014가단5219029
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On September 6, 2013, the Plaintiff paid rent of KRW 694,483 per month with respect to the Defendant and CDI vehicles (the instant vehicle) for every 36 months, and entered into a lease agreement in the form of “security deposit operation lease” (the instant contract) with the vehicle value at 30% (7,904,000 won) of the vehicle value.

The plaintiff is currently using a vehicle after preparing a certificate of vehicle acceptance on the same day.

B. The terms and conditions of the instant contract stipulate the following:

Article 1(Purpose)The purpose of this Agreement is to provide for matters concerning the rights and obligations between financial companies and customers under the facility leasing agreement to be purchased by the lessor (hereinafter referred to as the “financial company”) and used by the lessee (hereinafter referred to as “consumers”) under the terms and conditions attached to the General Terms and Conditions on Credit Transactions.

Article 7 (Acceptance and Registration of Motor Vehicle) ① Customer may appoint an agent at the time of accepting a motor vehicle, and the customer or the agent entrusted by the customer to the customer shall immediately inspect whether the motor vehicle is defective and issue the motor vehicle acceptance certificate to the financial company.

2. The customer may not refuse to pay rent and other obligations under this Agreement for the reason that there is no leased article, if he issues the certificate of acceptance of the vehicle under paragraph (1).

Article 8 (3), (4) 1) The customer may claim direct damages against the seller in the event of any delay or defect in the delivery of the motor vehicle.

(2) In cases falling under paragraph (1), a financial company shall transfer to a customer all the rights, such as compensation for damage, claim for warranty, etc. held by a seller by notifying the seller of the transfer.

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