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(영문) 대구지방법원 2018.06.15 2016가단123072
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Chief;

A. The status of the party is the internal director of the non-party C Co., Ltd. (hereinafter referred to as the "non-party C"). When the non-party company entered into a lease agreement with Hyundai Capital Co., Ltd. (hereinafter referred to as the "Modow") on the DNA car (hereinafter referred to as the "automobile of this case"), the party is a guarantor who entered into a guarantee agreement on the payment of lease fees, and the defendant entered into the transfer agreement with the non-party company and received the automobile of this case accordingly.

B. On April 2015, the Plaintiff entered into a contract for the transfer and acquisition of the instant automobile between the non-party company and the Defendant and entered into a guarantee contract for the payment of rent when the non-party company rents the instant automobile from Hyundai Capital Capital; and thereafter, the non-party Company was handed over the instant automobile from Hyundai Capital Capital. 2) After being handed over the instant automobile, the non-party E, the actual president of the non-party company, operated the instant automobile. Around December 2015, the non-party F, the actual manager of the Defendant company, asked the Plaintiff to take charge of the representative director of the Defendant company, and accordingly, the Plaintiff was appointed to the representative director (the vice president of the Defendant company) of the Defendant company.

3) The above F shall open Nonparty G to the Plaintiff as the president of the Defendant Company’s business, and provide the Plaintiff with monthly salary and vehicle. The instant vehicle operated by the Defendant Company was changed to be leased by the Defendant Company as a lessee because there was no money to purchase the vehicle. 4) Therefore, on January 7, 2016, Nonparty Company prepared a transfer contract between the Defendant and the Plaintiff with the transferor as the Defendant and the transferee as the Defendant, and transferred the instant vehicle to the Defendant.

And from that end, the above G operates the instant vehicle.

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