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(영문) 광주지방법원 2020.05.28 2019나64197
리스료 등
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. The assertion and judgment as to Defendant B

A. (1) On October 25, 2013, the Plaintiff entered into a lease agreement with D Co., Ltd. on BM X6 E vehicles. Defendant B operated the said vehicle from March 10, 2016 to November 15, 2016, and the Plaintiff paid a total of KRW 20,334,589, and the Plaintiff agreed to accept the said vehicle and pay KRW 30,00,000 to the Plaintiff.

Therefore, Defendant B is obligated to pay the Plaintiff the sum of the lease fees and the agreed amount of KRW 50,34,589.

(2) The fact that Defendant B succeeded to the lease agreement on the said vehicle from the Plaintiff on November 24, 2016 and operates the said vehicle while paying the lease fee to N Co., Ltd. is not disputed between the parties or recognized by the statement in the evidence No. 1.

However, prior to the succession of the above lease agreement, Defendant B operated the above vehicle and the Plaintiff paid the lease fee on behalf of the Plaintiff.

In addition, there is no evidence to acknowledge that Defendant B agreed to pay KRW 30,000,000 as the acquisition price to the Plaintiff while succeeding the lease contract from the Plaintiff.

Therefore, this part of the plaintiff's assertion is without merit.

B. (1) On October 25, 2013, the Plaintiff entered into a lease agreement with FF Co., Ltd. on the Kanman G vehicle. As Defendant B operated the said vehicle from January 15, 2017 to August 5, 2018, the Plaintiff paid a total of KRW 22,54,000 on behalf of the Plaintiff, and Defendant B installed a set of KRW 15,720,00 on the said vehicle, and Defendant B rejected the return of the Kanman removed from the said vehicle.

Therefore, Defendant B is obligated to return to the Plaintiff the amount equivalent to KRW 22,544,00 and the amount equivalent to the above set of money of KRW 15,720,00.

(2) Defendant B shall operate the said vehicle leased by the Plaintiff for a certain period.

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