(영문) 서울중앙지방법원 2019.08.22 2018가단5095290

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(영문) 서울중앙지방법원 2019.08.22 2018가단5095290

자동차명의이전변경등록절차이행 등

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1. Defendant B Co., Ltd. terminated the lease agreement on June 1, 2014 with respect to the motor vehicles listed in the separate sheet No. 1 list from the Plaintiff.

Reasons

1. Facts of recognition;

A. On June 1, 2011, the Plaintiff entered into a car lease agreement with Defendant B Co., Ltd. (hereinafter “Defendant Company”) with respect to the automobiles listed in the separate sheet No. 1 (hereinafter “instant automobile”), with the acquisition cost of KRW 84,000,000, and the lease period of KRW 36 months (from June 1, 2011 to June 1, 2014), the contract deposit of KRW 25,200,000, and monthly rent of KRW 2,206,00 (hereinafter “instant lease agreement”). The Defendant C, the representative director of the Defendant Company, jointly and severally guaranteed the obligation under the instant lease agreement with the Defendant Company.

B. The terms and conditions applicable to the instant lease agreement (hereinafter “instant terms and conditions”) are as follows.

Article 24 (Handling at the Termination of Lease Period) (1) A (referring to a lessee and defendant company; hereinafter the same shall apply) may choose one of the methods of dealing with subparagraph (a) through (b) listed in the Statement (10) at the time of termination of Lease Period, and A shall designate the method of dealing with the selected method one month prior to the expiration of Lease Period and notify B (a lessee and the plaintiff; hereinafter the same shall apply) in writing, but if not separately designated, it shall be determined.

(2) A re-lease may be renewed upon agreement between A and B on the terms and conditions of re-lease, rent, etc. at least one month before the end of the lease term.

(3) Where A wishes to return the article (hereinafter referred to as “A”) (4) A’s time limit for returning the article under the preceding paragraph (hereinafter referred to as “A”) and (5) If A wishes to take over the article, A shall pay B the estimated residual value in the specification (11) in the table by the end of the lease period and take over the vehicle.

In addition, if the transfer of the property and the transfer of ownership are delayed due to the reasons of Gap, Gap shall additionally pay damages for delay in accordance with the annual interest rate in the specification (12) from the end of the lease period to the payment date.

(6) (hereinafter referred to as "A") shall be the goods provided for in this Article.

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