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(영문) 서울중앙지방법원 2015.06.23 2014가단158433
사용료
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. A. On March 2005, C, the representative of a used vehicle sales chain B, had entered into a comprehensive purchase agreement on leased vehicles (hereinafter “instant agreement”) with a user who uses a motor vehicle sold or arranged by C, providing leasing and terminating a lease agreement, following the registration under his/her name, C entered into a lease agreement with the user who uses a motor vehicle sold or arranged by C, and thereafter D (E and the same person) succeeded to rights and obligations under the instant agreement, with the effect that C shall repurchase the motor vehicle as the object of the lease and pay the repurchase price to Lone Star lessee.

B. According to the instant agreement, where a lease contract is terminated due to overdue rent, etc., Lone Star is required to pay the re-purchase price to B if the written request for re-purchase is notified to B, and the costs and liability for the recovery of the vehicle following the termination of the lease contract are borne by B.

C. On April 3, 2008, Lone Star Lease purchased a Fenz S550 vehicle (hereinafter “instant automobile”) from B, and acquired the ownership of the instant automobile. On April 3, 2008, through B, through a deposit of KRW 10 million with the Defendant, monthly rent of KRW 2,834,100, and lease period of 48 months, entered into an automobile lease agreement with the Defendant (hereinafter “instant lease agreement”) and delivered the said vehicle to the Defendant. The Defendant expressed his intent to terminate the instant lease agreement on July 2, 2009 with the payment of KRW 20,278,100, and D sent the remainder of the instant automobile to the Defendant after deducting KRW 15 million from the Defendant’s deposit.

Lone Star Lease was merged with the Plaintiff on February 2, 2009, and D.

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