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(영문) 서울고등법원 2014.11.26 2014나6635
대여금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The Plaintiff is a company running installment financing business, facility leasing business, or siren business, and Defendant B is the representative director of Defendant A Co., Ltd. (hereinafter “Defendant Company”) and C is a partner of Defendant B’s product planning office.

B. D Co., Ltd. (hereinafter “D”) concluded a business consignment agreement with the Plaintiff and introduced vehicle buyers who wish to conclude a lease agreement with the Plaintiff, thereby mediating and mediating the conclusion of a lease agreement.

C. On September 201, C, with the delegation of Defendant B, visited D several occasions in order to sell an Aridi A42.0-A-T vehicle (hereinafter “Aridi vehicle”) owned by Defendant B and C (hereinafter “Aridi vehicle”). During this process, as the broker of E, F, etc., he/she is an employee of D, the Plaintiff on September 29, 201, and the Plaintiff, as the lessee company, the Defendant company, the lessee, and the Defendant B, as the joint and several surety, drafted an automobile lease agreement and a probationary guarantee agreement with respect to the Nriup vehicle (hereinafter “the instant vehicle”).

The instant vehicle was released on October 6, 201 and delivered to C on November 9, 2011.

E. Meanwhile, on October 17, 2011, when the Defendants received a payment notice of the instant vehicle rental fee from the Plaintiff, the Defendants sent the content verification stating that they do not have an obligation under the said contract because they did not enter into a lease contract or a joint and several guarantee contract with the Plaintiff or the Financial Supervisory Service on October 25, 2011.

F. On November 2, 2011, the Defendant Company transferred total of KRW 3,288,229 (usage fee 3,287,260, KRW 969) to the Plaintiff on November 2, 201.

[Ground of recognition] Unsatisfy facts, Gap evidence 4-1, 2, 5, 6, 7, 8, 10, 12, Eul evidence 1, 3, Eul evidence 4-1, 2, and 5-2, witness E, F, and witness of the first instance court, and witness of C;

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