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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. B, on June 2010, who worked as the vice head in C of Hansung Automobile Co., Ltd., recommended the Plaintiff to sell bents CSSSS 350 vehicles owned by the Plaintiff and purchase Pomera vehicles, and to acquire Pomera vehicles, the Plaintiff provided that “The Plaintiff will acquire the ownership of the said vehicle after he leased Pomera vehicle (hereinafter “the instant vehicle”) with the amount of KRW 100 million, including the sale price of the said benz vehicles, and the cash of KRW 50,000,000,000,000,000,000,000,000 won, including the sale price of the said benz vehicles, as the lease deposit, at KRW 26,66,00,000,000 per month for 44 months.”
B. Upon receipt of the aforementioned proposal, the Plaintiff transferred to B the said benz vehicle, and transferred to B the account in the name of B the sum of KRW 40 million on June 29, 2010, and KRW 50 million on June 30, 2010, including KRW 10 million on June 30, 2010, and to B.
Subject to the same conditions as stated in the subsection, the Plaintiff issued the Plaintiff’s identification card and a certificate of personal seal necessary for concluding the lease contract for the instant vehicle.
C. However, on July 6, 2010, B entered into the lease contract of the instant vehicle with the Defendant as above.
In other words, the terms different from the description in the port, namely, the acquisition cost is KRW 272,309,170, the lease term is 44 months, the lease deposit is KRW 0,600 per month, the lease fee is KRW 6,414,200 per month, and the estimated residual value is KRW 76,080,00 (hereinafter “instant lease”) and the Plaintiff’s seal was affixed on the name column of the automobile lease contract (Evidence A 3).
(A) According to the lease agreement of this case, the Plaintiff may acquire the ownership of the instant vehicle only if it pays to the Defendant the amount equivalent to the remaining value of the instant vehicle after the termination of the lease agreement, unlike the foregoing paragraph (a).
On the other hand, a notary public's joint law office is entrusted to D, on July 20, 2010, with the plaintiff and the defendant representing both parties.