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(영문) 서울북부지방법원 2015.01.30 2014나633
보증금 및 부당이득금 반환 등
Text

1. The plaintiff's appeal and the plaintiff's claim expanded in the trial court and the plaintiff's claim added in the trial court.

Reasons

1. Basic facts

A. In order to lease a heavy imported vehicle, the Plaintiff asked Party B, who is a part of the used vehicle, with a view to driving it as a used vehicle, and Party B, listened to the conditions desired by the Plaintiff, and agreed to Party B, who is an employee of the Defendant (F branch) by setting a vehicle number C, annual 2011, annual 201, mileage 21,932 km, which is a heavy imported vehicle at the UN car site, and connecting the Plaintiff and the Defendant.

B. On December 30, 201, the Defendant purchased the instant used vehicle from D, the owner of the instant used vehicle, for the purpose of leasing the instant used vehicle to the Plaintiff. On the same day, the Defendant entered into a mid-term operating lease agreement between the Plaintiff and the Plaintiff, which provides for KRW 6.4 million as to the instant used vehicle, KRW 36 million as to the instant used vehicle, KRW 36 months as to the lease period, KRW 1,027,00 as to the instant used vehicle (hereinafter “the instant lease agreement”), and received the deposit from the Plaintiff.

C. At the time, the Plaintiff was signed and sealed as a joint guarantor of the above sales contract, and E was directly selected by the Plaintiff from the Plaintiff, and it was submitted to the lessee a letter of commitment to not raise any objection to the lessee against the damage incurred due to the breakdown, defect (including potential defect) after the date of commencement of the lease.

On January 9, 2012, the Plaintiff was transferred to the Defendant to use the instant used vehicle, and was repaired on or around April 9, 2011, which was prior to the conclusion of the instant lease contract, on or around November 28, 2012 (hereinafter “accident record”), and on October 28, 201, the Plaintiff became aware of the repair, such as damage exchange, etc. from November 1, 201 to November 30, 201 (hereinafter “the history of accident history on October 28, 201”).

E. The Plaintiff’s accident occurred around that time by the Defendant at the time of the instant lease agreement.

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