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(영문) 서울중앙지방법원 2014.03.20 2013가합507868
부당이득금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. (i) The Plaintiff, as its doctor, lent KRW 140 million to C, a stock company operated by B around 2005, and as a joint and several surety by B, the debt was jointly and severally guaranteed by B.

SheB, on May 17, 201, established and operated D Co., Ltd. (hereinafter “D”) for the purpose of medical devices and automobile leasing business, etc., and concluded a lease contract by arranging the lease contract between the lease company and the lessee (main intent), the lease company would take over the vehicle from the lease company and transfer the vehicle to the lessee, and the lease company would pay the agency fee.

In this process, D entered into a lease agreement with a lease company and a third party together with a lease user, and received a vehicle from a lease company, and then operated the vehicle again to the lessee.

Article 22(2) of the Act provides that the Plaintiff shall transfer the BMW vehicle to the Plaintiff in lieu of the repayment of the obligation on January 1, 2012 and that the Plaintiff shall bear the rent, while operating D as above, while failing to repay the obligation to the Plaintiff.

B. (i) On January 30, 2012, the Plaintiff accepted the foregoing proposal made by B, and entered into a lease agreement with the Plaintiff jointly with the Plaintiff on a monthly lease rate of KRW 3,667,300, and the lease period of KRW 44 months, respectively.

(hereinafter “The instant lease agreement” and “the instant lease vehicle” are referred to as “the instant lease vehicle.” The Plaintiff and D, at the time of the conclusion of the instant lease agreement, directly signed the certificate of acceptance of the instant lease, stating the purport of confirming the receipt of the instant lease vehicle according to the instant lease agreement, and issued it to Defendant Filichi Capital.

The contents are as follows:

It is confirmed that the above vehicle has been taken over in accordance with the automobile lease contract with Egyptian.

3.2

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