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(영문) 서울중앙지방법원 2015.01.16 2014가합12602
불법행위(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. Under the Plaintiff’s automobile lease agreement, the Plaintiff acquired the status of the lessee from Nonparty C as the introduction of Nonparty C on February 14, 2013, and the Plaintiff acquired the status of the lessee at KRW 39,612,629 under the lease agreement on the ASEAN A8 LWB 3.0 TDI Quat Vehicle (hereinafter “instant vehicle”). Around that time, the Plaintiff completed the change in the name of the lessee.

B. The Plaintiff entrusted the instant automobile repair and the water color business of the lessee to C, as seen above, entrusted the instant automobile repair and the water color business of the lessee to C, immediately after acquiring the lessee’s status of the instant automobile, the Plaintiff transferred the instant automobile to C, and entrusted C with the repair and the physical color business of the lessee.

C. C’s entrustment of physical rental business to the Defendant and borrowing money from the Defendant, and C requested that the Defendant, a seller of used cars, succeed to the status of the lessee by delivering the instant vehicle to the Defendant, at that time, at the time. On the other hand, C borrowed KRW 20 million from the Defendant as security.

1) On October 2013, C did not pay KRW 20 million as above to the Defendant until October 2013. Meanwhile, there was no delivery of the Plaintiff’s certificate of personal seal impression and power of attorney. (2) The Defendant received KRW 20 million from Nonparty E around October 2013, and delivered the instant vehicle to E, and E again disposed of the instant vehicle to a third party, and at the same time, E operates the instant vehicle.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1, 2, 4, and 5, the purport of the whole pleadings

2. The assertion and judgment

A. The gist of the plaintiff's assertion was that the plaintiff entrusted C with the repair of the automobile of this case and the color of the lessee, and C transferred the automobile of this case to the defendant who is the seller of used cars, and requested C to change the lessee by coloring the automobile of this case.

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