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(영문) 서울북부지방법원 2015.07.23 2013가단16173
손해배상
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. On September 24, 2009, the Plaintiff entered into a contract with the Defendant B, a sales employee of IM B, to lease one vehicle (hereinafter “instant vehicle”) with IMW B, 528i SEE60, including 4,384,530 won for vehicle registration, including 73,284,530 won for vehicle registration, 14,656,906 won for lease advance payment, 749,118 won for monthly lease, 36 months for the contract period (by October 15, 2012), and 41,340,000 won for the remainder lease at the expiration of the lease period. The Plaintiff’s actual user of the instant vehicle is the Plaintiff.

B. On December 19, 2009, when the Plaintiff and F came to U.S.A. for the purpose of visiting friendship for about three months, the Plaintiff and F requested the Defendant B to introduce and request a person who will pay the lease fee while using the instant vehicle during the U.S. sojourn period. Since Defendant B wishes to purchase the same model as the instant vehicle, the Plaintiff and F sent the instant vehicle to Defendant B at the Incheon Airport on December 19, 2009.

C. Accordingly, around December 2009, Defendant B acquired the instant automobile at the Plaintiff’s mother’s home and delivered the instant automobile to Defendant C around January 11, 2010.

However, the defendant D, the land of the defendant C, who was the land of the defendant C, had been transferred to use the instant vehicle, was driving the instant vehicle at around 18:30 on January 25, 2010 under the condition of 0.235% of blood alcohol level, and was driving on the road located in the Geum-gu, Sungnam-gu, Sungnam-gu, Sungnam-gu, and escaped after towing another vehicle. As a result, the defendant D, which was the land of this case, caused an accident of breaking four cars and breaking the instant vehicle in front of the church of the 3,000-gu, Sungnam-gu, Sungnam-gu, the other party of the 3,000-gu, Sungnam-gu, and

E. Meanwhile, the Plaintiff and F return on March 17, 2010 to Defendant B on the following day.

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