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(영문) 광주지방법원 2014.05.16 2013가합7525
매매대금반환 등
Text

1. The Plaintiff’s primary claim against Korea Co., Ltd., Ltd. for social services rendered by the Plaintiff.

Reasons

1. Basic facts

A. Defendant Matts Korea Co., Ltd. (hereinafter “Defendant Matts Korea”) is a company that imports and sells benz vehicles manufactured in AG, as its subsidiary company in Korea, from Germany, as its subsidiary company in AG, and sells them to designated distributors, etc., and Defendant New Motor Vehicle Co., Ltd. (hereinafter “Defendant New Motor Vehicle”) is a designated seller that receives and sells a vehicle from Defendant Matts Korea.

B. On November 27, 2012, the Plaintiff entered into a lease agreement with Defendant Quasia Korea Co., Ltd. (hereinafter “Defendant Benz Social Services Co., Ltd”) (hereinafter “instant lease agreement”) on the instant motor vehicle, and the key contents thereof are as follows.

1) Lease period: Lease fees: 6,870,890 won per month (mast-end: 6,871,165 won per month) (payment on January 25) of the lease terms and conditions / [Article 2] A (Liability of the Plaintiff)

1. A shall select a manufacturer or supplier of a vehicle (hereinafter referred to as “seller”) at his/her own responsibility and shall determine all the terms and conditions of purchase, including the type, size, specifications, specifications, and prices of the vehicle.

2. Since the right to operate control over a leased vehicle is against A, A must bear various obligations concerning the maintenance and management of the vehicle, and B (Defendant bents social) is not liable to warranty against the leased vehicle.

[Article 5] Delay and Defect in Delivery of Lease Vehicle

2. Where damage has occurred to A due to delay of delivery, defects, etc. of a vehicle, A shall apply to the seller of the vehicle for direct compensation for damage or implement other necessary measures with his responsibility and bearing of the expenses.

3. In the case of paragraph (2), B shall transfer to A all the rights, such as damages, claims for warranty, etc. held by the seller by notifying the seller of the transfer of claims.

4. A shall use the leased vehicle for delay of delivery, defects, etc.

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