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(영문) 서울중앙지방법원 2015.09.22 2014나56545
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The Defendant is a company that imports and sells vehicles from a metas-benz Co., Ltd. that is a company of the Federal Republic of Germany.

B. On April 29, 2011, Losston Co., Ltd. (hereinafter “lustonel”) entered into a financial lease agreement (hereinafter “instant lease agreement”) with Korea Co., Ltd. (hereinafter “benz Social Services Korea”) on a passenger car (hereinafter “instant passenger car”) with Mes-benz S350 (hereinafter “instant passenger car”).

C. According to the instant lease agreement, benz socials paid the Defendant the purchase price of the instant passenger car, and the ownership registration of the instant passenger car was completed on April 29, 201.

On the same day, the Plaintiff used the instant car from the Defendant.

On May 13, 2013, the registration of transfer of ownership was completed for the passenger car of this case.

[Ground of recognition] Facts without dispute, Gap evidence 1-3, Gap evidence 3-1, 2, Gap evidence 4, 5, Eul evidence 1, the purport of the whole pleadings

2. Determination as to the cause of claim

A. The Plaintiff asserted that the Plaintiff would benefit from the registration of the vehicle in the name of a legal entity, upon the recommendation of the U.S. L. L.S. L. L.S. L. to purchase and use the instant vehicle in the name of R.S. L. L.

On February 15, 2011, the Plaintiff paid KRW 127,000,000 as the purchase fund for the instant passenger car to Russel.

While the Plaintiff was using the instant car in delivery, the Plaintiff was aware that the fact was not only leased the instant car without purchasing the instant car, unlike the Plaintiff’s horses, and that the Plaintiff was not paying the lease fee from time to time.

The Plaintiff paid by subrogation the remaining lease fee of KRW 59,801,170, and received the ownership of the instant passenger car.

The defendant will make a sales contract for the car of this case with Russladi.

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