(영문) 청주지방법원 2019.10.16 2018가합2643

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(영문) 청주지방법원 2019.10.16 2018가합2643

매매대금반환

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1. Defendant B Co., Ltd.: 20,788,180 won and 5% per annum from March 3, 2018 to October 16, 2019 to the Plaintiff.

Reasons

Facts of recognition

Defendant C Co., Ltd. (hereinafter “Defendant C”) imported the instant vehicle listed in the separate sheet (hereinafter “instant vehicle”), and Defendant B Co., Ltd. (hereinafter “Defendant B”) sold the instant vehicle designated by the Plaintiff to Nonparty D Co., Ltd. (hereinafter “lease”) (hereinafter “Defendant B”) and the lessee completed the instant vehicle supply contract between Defendant B and lessee on August 23, 2017.

The Plaintiff is a lessee who entered into an automobile lease agreement with a lease company (hereinafter “instant lease agreement”) and has received and used the instant vehicle.

The main contents of the terms and conditions attached to the instant lease agreement are as follows.

Article 7 (Acceptance and Registration of Motor Vehicle) ① Customer (referring to the Plaintiff; hereinafter the same shall apply) may select an agent at the time of the acquisition of the motor vehicle, and the customer or an agent entrusted by the customer from the customer to the customer (referring to the Defendant B; hereinafter the same shall apply) shall immediately inspect whether the motor vehicle has any defect in the motor vehicle and issue the motor vehicle takeover certificate to the financial company (referring to the lease company

2. The customer may not refuse to pay rent and other obligations under this Agreement for the reason that there is no leased article, if he issues the certificate of acceptance of the vehicle under paragraph (1).

(3) The financial company shall register a motor vehicle under the name of the financial company immediately after the delivery of the motor vehicle, and the customer will cooperate therewith.

However, if the financial company consents, it may register in the name of the customer.

Article 8 (Deferment or Defect of Delivery of Motor Vehicle) (1) If any damage is incurred due to delay or defect of delivery of the motor vehicle, the customer may directly claim damages to the seller.

(2) In cases falling under paragraph (1), a financial company shall.

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