(영문) 대전지방법원 2014.09.12 2014가단208443

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 2014.09.12 2014가단208443

기타(금전)

Text

1. The Defendant’s KRW 3,99,910 as well as the Plaintiff’s annual rate from April 3, 2014 to September 12, 2014.

Reasons

1. Basic facts

A. The Defendant agreed between the Plaintiff and the Plaintiff to purchase a car under the name of the Plaintiff, and to bear the Defendant’s installment. Accordingly, the Plaintiff purchased the car under the name of the Plaintiff at issue on April 2014, in order to pay the automobile in installment, and borrowed KRW 34.5 million from the Aju Capital in the name of the Plaintiff in order to pay the automobile in installment.

B. On September 11, 2013, the Plaintiff completed the transfer of ownership of the instant vehicle to the Defendant.

C. By April 2, 2014, KRW 3,990,910, out of the installment of the instant vehicle, was paid by the Plaintiff, and KRW 2,753,52 was paid by the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap 2-4 evidence, purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the defendant is obligated to pay the above amount of 3,990,910 won to the plaintiff and damages for delay.

As the Plaintiff agreed to pay the installment of the instant vehicle from May 1, 2014 to April 30, 2019 pursuant to the above agreement, the Plaintiff asserted that the Plaintiff is obligated to pay the Plaintiff the installment of the instant vehicle at the rate of KRW 570,130 per month. Thus, the Defendant agreed to pay the installment of the instant vehicle as seen earlier, and in full view of the purport of the argument in the statement in Gap evidence No. 1, it can be acknowledged that the installment of the instant vehicle is KRW 570,130 per month, and the due date is the second day of each month, and the period of installment of the instant vehicle is April 30, 2019. However, it is insufficient to acknowledge that the Defendant agreed to pay the Plaintiff the installment of the instant vehicle directly regardless of whether or not the Plaintiff paid the installment of the instant vehicle, and there is no evidence to prove otherwise, and therefore, the Plaintiff’s assertion in this part of this case is without merit.

3. The defendant's assertion is judged by the representative director of the plaintiff company.

유사 판례

-서울남부지방법원 2017.04.04 2016가단10425

-서울고등법원 2015.08.21 2015노1706

-인천지방법원 2014.09.30 2014나4170

-수원지방법원 2014.11.19 2014나18916

-대전지방법원 2015.05.15 2014나105453