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(영문) 서울동부지방법원 2016.09.30 2016나20802
구상금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1...

Reasons

1. Basic facts

(a) Hansung Automobile Co., Ltd. (hereinafter referred to as “Korean Hansung Automobile”) is a company that imports and sells vehicles from Meass-Benz Co., Ltd., a company in the Federal Republic of Germany.

The defendant is the director of Hansung Motor Vehicle C Team.

B. On April 29, 2011, Losston Co., Ltd. (hereinafter “lustonel”) concluded a financial lease agreement with Korea Co., Ltd., Ltd. (hereinafter “Convensz Social Services Korea”) on a passenger car (hereinafter “instant passenger car”) with Mes-bents S350 (hereinafter “instant passenger car”).

C. According to the above lease agreement, the KIE paid the instant passenger car purchase price to the KIE, and on April 29, 201, the registration of the ownership of the instant passenger car was completed on April 29, 201.

On May 13, 2013, the registration of transfer of ownership was completed for the passenger car of this case.

[Ground of recognition] Facts without dispute, Gap evidence 3, 4, Eul evidence 2, 3, and 4, the purport of the whole pleadings

2. Assertion and determination

A. The Plaintiff asserted that the ownership registration of the instant passenger car was completed in the social society where the Benz developed on the instant passenger car, and entered into a financial lease agreement by Losel. However, in fact, the Plaintiff purchased the instant passenger car in the name of Lossidi and continued to use it without a change of the owner.

In such cases, the free repair period of the instant passenger vehicle is from April 29, 201 to April 4, 201, the first registration date.

On April 20, 2015, before the expiration of the free repair period, the Defendant announced the Plaintiff through D, which is an employee of the Sungsung Motor Vehicle Service Center, that the Plaintiff will bring the instant passenger vehicle into storage for the last free repair for the purpose of the Defendant’s last free repair, as the Defendant bears the repair cost of the instant passenger vehicle.

However, after completion of repair, the defendant will bear only half of 1,301,432 of the repair cost, unlike the original agreement, while delivering the car in this case.

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