logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2019.07.11 2018가단26588
자동차인도
Text

1. The defendant shall deliver the vehicle listed in the attached list to the plaintiff.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. Facts of recognition;

A. On April 17, 2018, the Plaintiff and the Defendant concluded a rental car agreement with the Defendant to lease a motor vehicle listed in the separate sheet owned by the Plaintiff (hereinafter “instant motor vehicle”) with a rental period of KRW 48 months, monthly rental fee of KRW 582,230 (hereinafter “instant contract”).

B. The instant contract provides that the Plaintiff may terminate the instant contract and claim or recover the vehicle where the Defendant violated the obligation to pay sirens, etc. on one occasion, by demanding the Plaintiff to pay sirens, etc. within a reasonable time set by the Plaintiff, and the Plaintiff may terminate the instant contract and claim or recover the vehicle.

In addition, the plaintiff and the defendant agreed that vehicle management, such as vehicle repair, maintenance, and exchange of expendable goods within the siren period, shall be borne by the defendant, and the expenses shall be borne by the defendant.

C. After the conclusion of the instant contract, the Plaintiff delivered the instant vehicle to the Defendant, but the Defendant did not pay rental fees from June 15, 2018.

Accordingly, the Plaintiff’s payment deadline was set on August 1, 2018 as of August 9, 2018 and notified by the Defendant to pay rental fees, but the Defendant did not pay the unpaid rental fees.

[Recognition] Each entry of Gap evidence Nos. 1 through 4, the purport of the whole pleadings

2. According to the above facts of recognition, the instant contract shall be deemed terminated as being served on the Defendant on January 7, 2019 by the instant complaint containing the Plaintiff’s intent of termination on the grounds of unpaid rental fees, etc., barring any special circumstances. Therefore, the Defendant is obligated to deliver the instant vehicle to the Plaintiff.

On the other hand, the defendant asserts that the plaintiff's claim cannot be complied with because there is a serious defect in the steering system of the vehicle of this case, which caused a traffic accident during operation.

However, the data submitted by the defendant alone is not only insufficient to recognize the allegation, but also the plaintiff's request for delivery of a motor vehicle following termination of the contract.

arrow