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(영문) 서울고등법원 2014.12.26 2013나68452
양수금
Text

1.The judgment of the first instance shall be modified as follows:

The plaintiff succeeding intervenor's claim is dismissed.

2. The total cost of the lawsuit.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in Gap evidence Nos. 1 to 7, 8, 10, 11, and Eul evidence Nos. 4 and 7 (including each number in case of additional statements).

The Intervenor succeeding to the Plaintiff (hereinafter the Intervenor) is a financial company that operates installment financing business, facility leasing business, and siren business, and the Plaintiff Company B (hereinafter the Intervenor) is a company that engages in automobile sales business, etc. and a company that sells C imported vehicles from January 2009 as an official vehicle with the F in Daegu area.

B. From August 1, 2010 to August 30, 2012, the Intervenor entered into a contract with B’s business employees, including E, as its commissioned contractual employees, and had B’s office file an application for vehicle lease goods sold by the Company.

C. On June 28, 2012, the Defendant, upon recommendation from B’s representative G, concluded a sales contract for the instant vehicle with B (hereinafter “instant vehicle”). Around June 28, 2012, the Defendant used the vehicle lease contract and issued documents, such as a resident registration certificate copy, a certificate of personal seal impression, and a copy of passbook, etc. necessary for the vehicle lease contract, to G.

[This case’s contract for automobile facility leasing between the intervenor and the defendant] D.

On June 29, 2012, an intervenor received the instant contract, resident registration certificate copy, and certificate of personal seal under the name of the defendant from B, and remitted lease amount of KRW 106,462,750, excluding lease deposit amount of KRW 26,617,00, from KRW 133,084,750.

E. B, from June 2012, that many consumers including the Defendant, including the Defendant, enter into an installment financing agreement and lease agreement with the various capital companies including the Intervenor, and received the vehicle cost from the capital company, G is paid from the capital company.

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