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(영문) 서울중앙지방법원 2015.01.30 2013가단285789
손해배상
Text

1. The Plaintiff:

A. Defendant B and C are jointly and severally and severally 65,580,000 won and the same shall apply from July 3, 2008 to October 2014.

Reasons

1. Basic facts

A. While the Plaintiff was in physical color for purchasing imported vehicles around July 2008, the Plaintiff received a proposal from the Defendant B and the Plaintiff that “if the Plaintiff lends the name of the vehicle, three vehicles are purchased in the name of the Plaintiff and one of them is used by the Plaintiff and the remaining two vehicles are paid in three installments of the vehicle with the profits of a third party,” and the same month.

3. In relation to the automobile sales business of Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”) operated by Defendant B, an agreement was concluded on a joint automobile sales business with the following major contents:

The purpose of this Convention is to carry out a joint project in which the parties are able to share profits by purchasing motor vehicles and selling them again to the motor vehicle market under the name of the Party A (the plaintiff) with loans from the financial sphere in the course of motor vehicle trade.

Article 2 (Promotion and Roles of Joint Projects)

2. A lends its name for the purpose of purchasing cars of H (the Defendant Company’s name).

3.B (Defendant B’s title) uses the name of Party B for the purpose of purchasing the H’s motor vehicle.

4. If the name of A has been used for any other purpose, Eul shall assume all civil and criminal responsibilities.

Article 4 (Payment of Loans)

2.B is a civil or criminal liability for all loans to be paid by A in connection with automobile sales.

Article 6 (Liability of Automobile)

1. B shall keep a motor vehicle under the name of A in a safe place and in principle not to use the motor vehicle;

Provided, That where it is necessary to use personal information for unavoidable reasons, it shall be used after obtaining prior written consent.

2.B is all liable for motor vehicles under the name of A, and is also responsible for all the expenses (not limited to insurance, operating expenses, registration tax, oil value, value of parts, maintenance cost, etc.).

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