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(영문) 서울중앙지방법원 2016.08.17 2015나70159
리스료
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. On February 2012, the Plaintiff, while operating an individual attorney-at-law office, entered into a motor vehicle lease agreement with the Defendant on the motor vehicle B (hereinafter “instant lease agreement”). The monthly lease fee (hereinafter “the instant lease fee”) was paid by automatic transfer method on the 20th day of each month, and the automatic transfer account was designated as the Plaintiff’s account.

B. After converting an attorney-at-law office he operated from a limited liability law firm to a limited liability law firm, the Plaintiff, instead of changing the nominal owner of the instant lease contract, changed the automatic transfer payment account of the instant lease fees from the Plaintiff’s account to the limited liability law firm C, and demanded the Defendant to change the Plaintiff’s individual entrepreneur from the Plaintiff’s individual entrepreneur to the Plaintiff.

C. Accordingly, the Defendant demanded the Plaintiff to submit to the Plaintiff the automatic transfer application form, copy of the corporate business registration certificate intended to change, copy of the passbook, identification card of the Plaintiff and the corporate representative, and written consent of the law firm, but the Plaintiff refused to submit these documents.

In addition, the Defendant demanded the Plaintiff to verify whether the Plaintiff’s individual entrepreneur was closed down in order to change the recipient of the lease fee tax invoice of this case, but the Plaintiff did not inform the Defendant of whether the business was closed.

On March 5, 2014, the Plaintiff sent to the Defendant a written claim and an invoice against the Plaintiff’s individual with respect to the instant rent to the Plaintiff’s office. On March 5, 2014, the Plaintiff sent the Defendant a certificate of content that “The instant rent from the instant rent to the Plaintiff’s account of limited liability law firm (LLC).”

E. On May 14, 2014, the Plaintiff’s individual recipient of the instant rent on May 14, 2014 is the Plaintiff by mail.

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