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(영문) 서울중앙지방법원 2017.04.19 2016가단64037
자동차명의이전변경등록 등
Text

1. Defendant A is due to the termination of the lease agreement on November 5, 2013 with respect to the motor vehicles listed in the separate sheet from the Plaintiff.

Reasons

1. Facts of recognition;

A. On November 1, 2012, Defendant A entered into a lease agreement for 36 months (hereinafter “instant lease agreement”) with the Plaintiff on November 1, 2012, setting the term of the lease by moving the vehicle in its name within 15 days at the expiration of the lease term.

Defendant B jointly and severally guaranteed Defendant A’s obligation under the instant lease agreement.

B. Defendant A did not pay the lease fee, the Plaintiff terminated the instant lease agreement and the instant lease agreement expired on November 5, 2013.

C. Even after the expiration of the lease term of this case, there were 2,922,810 won, including automobile tax and penalty, depending on the operation of a motor vehicle listed in the separate sheet without changing the name of Defendant A, and the Plaintiff paid it by substitute.

[Ground for recognition] Facts that do not clearly dispute

2. According to the above facts of recognition, Defendant A is obligated to accept the application procedure for registration of transfer of ownership from the Plaintiff on November 5, 2013 with respect to the motor vehicles listed in the separate sheet from the Plaintiff, and the Defendants jointly and severally are obligated to pay damages for delay calculated at the rate of 15% per annum from March 11, 2017, the day following the delivery date of the copy of the complaint in this case to the day of full payment with respect to the Plaintiff, and from May 31, 2016 to the day of full payment with respect to Defendant B, the damages for delay calculated at the rate of 2,922,810 won paid by the Plaintiff to the Plaintiff.

3. Thus, the plaintiff's claim of this case against the defendants is with merit, and it is so decided as per Disposition.

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