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(영문) 수원지방법원평택지원 2019.07.03 2018가단61473
약정금
Text

1. The Defendants’ respective Plaintiff KRW 17,905,60, and Defendant B with respect thereto from May 9, 2019, and Defendant C with respect to May 2, 2019.

Reasons

1. Basic facts

A. On February 8, 2017, the Plaintiff entered into a car lease agreement with D Co., Ltd. (hereinafter “D”) on the automobiles listed in the separate sheet (hereinafter “instant automobiles”) as follows.

(hereinafter “Lease Agreement”). The lease period: The number of vehicles (48 months) from February 8, 2017 to February 8, 2021: the name of the E vehicle: the annual operating distance of March 3, 2000 meters G80: the lease fee of KRW 10 million: KRW 1,209,900.

B. On November 3, 2017, the Plaintiff: (a) concluded a contract with the Defendants to purchase the right to use the instant vehicle on the condition that the Defendants would find a successor to the lease contract (hereinafter “instant automobile purchase contract”); and (b) paid the Defendants KRW 5 million with the settlement amount.

According to the instant automobile purchase contract, the Defendants agreed to deposit the lease fee under the instant lease agreement from January 2018 to the Plaintiff’s account (FFFFG G) from the 20th day of each month until the instant lease agreement succeeds to a third party.

C. Article 5 of the instant automobile purchase contract provides that “The transferor shall cooperate without delay with the third party in the examination and procedure of lease succession when selling the lease succession, and if the transferor does not cooperate with the lease succession (as to the two contact details and the succession-related business, etc.), the transferee may destroy the contract when the problem occurs due to the reason that the transferor does not cooperate with the lease succession (as to the two contact details and the succession-related business, etc.), and the transferor shall compensate for the damages incurred

The Defendants, during a period from January 2018 to July, 2018, remitted the instant automobile rent to the Plaintiff in accordance with the instant automobile purchase agreement, and the lease succession was not well known around August 2018, and the Defendants, upon the fact that the lease succession was made around August 2018, 3,469, excluding KRW 5 million paid by the Plaintiff from the rent of 8,459,300 for seven months paid by the Defendants.

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