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(영문) 서울중앙지방법원 2015.06.19 2013가단5128423
양수금
Text

1. The Plaintiff:

A. Defendant B and C shall be jointly and severally liable for KRW 7,977,100 and shall be jointly and severally liable for the said amount from December 30, 2013.

Reasons

1. Basic facts

A. The conclusion of the automobile sales contract and the lease contract (1) Defendant B, H, and the network D respectively entered into a contract with the PKK Co., Ltd. (hereinafter “PK company”) to purchase an automobile (hereinafter “each of the instant contracts”).

However, in relation to the payment of the purchase price, the above purchaser entered into a lease agreement with the KT Capital Capital Co., Ltd. (hereinafter “KT Capital”), and if the KT Capital acquired the relevant motor vehicle from the PK company and leased it to the above purchaser, the above purchaser would pay the lease fee.

The details of each contract of this case between the above buyer and the above buyer and each lease contract between the above buyer and the above buyer are as shown in the attached list.

(2) PK paid the vehicle registration fee for each of the above vehicles to KT Capital Capital, and the amount is as shown in the separate sheet.

According to the sales contract of this case and the special items attached thereto, PK company shall lend all of the expenses for the registration of the motor vehicle to the above purchaser at interest without interest for three years, a lease term of three years, and where the above purchaser returns the motor vehicle after the lease term expires, the PK company bears the expenses for the registration of the motor vehicle already paid, and where the above purchaser takes over the motor vehicle, it shall pay the expenses for the registration of the motor vehicle to the P

In addition, the above buyers understood that the above buyer made advance payment of the above automobile registration cost, and signed and sealed the confirmation document confirming that when the name of the vehicle is transferred to the above buyer at the expiration of the lease term, all the automobile registration cost should be deposited to the PK.

(3) Defendant C’s joint and several liability for the return of automobile registration fees according to each of the instant sales contracts, Defendant B, Defendant (Appointed Party; hereinafter “Defendant”) G, the designated party H, respectively, jointly and severally guaranteed the obligation to return automobile registration fees.

B. The Plaintiff’s acquisition of bonds.

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