(영문) 서울북부지방법원 2014.04.29 2013가단29339

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울북부지방법원 2014.04.29 2013가단29339

리스이용대금

Text

1. The defendant shall pay to the plaintiff the amount of KRW 30,363,457 and KRW 28,903,56 among them to the day of complete payment.

Reasons

1. The parties' assertion

A. On May 9, 2011, the Plaintiff entered into a lease agreement for automobile facilities with the Plaintiff on a mixed air code passenger car (hereinafter “instant passenger car”). Since the Plaintiff did not pay rent according to the terms and conditions of the agreement and did not lose the benefit of the given period, the Defendant is obliged to pay the Plaintiff damages for delay for the principal and interest totaling KRW 30,363,457 and the principal and interest obligation totaling KRW 28,903,566 among the principal and interest obligation as of June 12, 2013.

B. The defendant did not conclude a lease contract with the plaintiff.

The Defendant was aware that the lease contract for the instant car was concluded in the name of the Defendant Company B (hereinafter “Nonindicted Company”) registered as the representative director, and the lease fee was paid each month at the corporate account of the Nonparty Company.

Therefore, the Plaintiff’s claim of this case is unreasonable.

2. According to the reasoning of the judgment below, Gap evidence Nos. 1 through 10, Eul evidence Nos. 2, 4, 5, 6, and 12, and the CD verification results and the purport of the whole pleadings in this court, the defendant concluded on May 9, 201 with the plaintiff on May 9, 201 the automobile leasing contract of this case (hereinafter "lease contract of this case"), which is set forth 2,264,260, monthly rent No. 1,037,320, lease period of 36 months, lease period of 25% per annum, and the joint and several surety of the non-party C, the vice president of the non-party company, is presumed to establish the authenticity of the lease contract of this case (as long as the defendant is the seal of the defendant, a certified copy of the certificate of personal seal impression, resident registration certificate, and a copy of the identification card of the defendant's telephone lease of this case, and according to the fact that the defendant entered the above lease contract of this case into the plaintiff and the defendant.

유사 판례

-서울북부지방법원 2015.12.15 2014나3168

-서울중앙지방법원 2018.08.21 2017가단5075688

-창원지방법원 2015.12.24 2014가합34614

-서울중앙지방법원 2019.01.30 2018나15139

-창원지방법원 2015.07.01 2014고단3323