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(영문) 서울중앙지방법원 2016.07.29 2015가단114874
렌탈료 등
Text

1. As to KRW 40,451,868 and KRW 40,237,425 from June 6, 2015 to April 29, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company running the automobile leasing business, etc., and the Defendant (Appointed Party; hereinafter “Defendant B”) completed the business registration, upon the request of the Plaintiff C, with the trade name on December 27, 2012 as “D,” red-gun E and the type of business as a service business, or a siren brokerage.

B. (1) On November 28, 2013, when the Plaintiff’s representative director G, the Plaintiff’s insurance lending business, general short-term vehicle leasing business, and monthly-term vehicle leasing business are entrusted by the Plaintiff, and the amount obtained by deducting the total amount of monthly standard sales per unit (minimum guarantee income) from the total cash income generated from the entrusted vehicles each month, as commission fees, was paid, but when the total monthly cash income in the pertinent month falls short of the minimum guarantee income, the vehicle leasing contract was concluded with the effect that D shall pay the difference to the Plaintiff (hereinafter “instant contract”).

C indicated D representative director B in the column of contracting parties to the instant contract.

(2) On the same day, the selector agreed to provide a joint and several surety from November 28, 2013 to November 27, 2016 for all obligations owed by D to the Plaintiff by D to the Plaintiff.

C. Although C continued to operate even after the conclusion of the instant contract, even though monthly cash revenue falls short of the minimum amount of guarantee income, D did not pay the difference to the Plaintiff.

The amount of claims payable until November 2014 shall be as specified in the attached Form.

On the other hand, from February 13, 2013, Defendant B had been working as a member in the Hongsung-gun Saeong, which was located in the Hongsung-gun Sari, to the date.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 2-1, the purport of whole pleadings

2. Determination as to the claim against the defendant B

A. Defendant B merely lent an entrepreneur’s name, and is not a party to the instant contract, and thus, the instant claim.

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