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(영문) 광주지방법원해남지원 2019.04.02 2018가단201860
차량리스이용자 지위승계 등 청구의 소
Text

1. The Defendant’s KRW 776,740 as well as the Plaintiff’s annual rate of KRW 5% from January 12, 2019 to April 2, 2019.

Reasons

1. Basic facts

A. On March 28, 2016, the Defendant entered into a car lease agreement (hereinafter “instant lease agreement”) with C Co., Ltd. (hereinafter “C”) with respect to the automobiles listed in the separate sheet (hereinafter “instant automobiles”) as indicated in the separate sheet as follows: KRW 580,050,000 per month of lease deposit, KRW 3,604,80 per month of lease fee, and KRW 45 months from the date of issuance of the vehicle receipt for the lease period.

B. On July 7, 2017, the Plaintiff, the Defendant, and C agreed to succeed to the status of the Defendant’s lessee under the instant lease agreement (hereinafter “instant succession agreement”), and accordingly, the Plaintiff became the party to the instant lease agreement and became the subject of legal attribution of the rights and obligations arising therefrom.

[Grounds for recognition] The entry of Gap evidence No. 2 and the purport of the whole argument

2. The Plaintiff’s assertion that the instant succession contract was made by the Defendant to transfer only the status of a party to the instant lease contract to the Plaintiff formally with a view to obtaining a monthly loan from a financial institution in order to discharge the Plaintiff’s obligation to the Plaintiff, and the Defendant continues to use the instant automobile and actually performed the obligation borne by the Plaintiff, which is the lessee, under the instant lease contract, including the lease fee.

Nevertheless, the Defendant paid only the rent for December 2017 to the Plaintiff, and did not pay the rent for the lease from January 2018 to the Plaintiff on the Plaintiff’s account. The rent that the Plaintiff paid to C from January 2018 to November 2018 is KRW 39,679,490.

In addition, the Plaintiff paid 1,182,060 won of automobile tax for the instant automobile to C in 2018.

In addition, the Defendant operated the instant vehicle after changing the status of the lessee to the Plaintiff under the instant lease agreement, and violated traffic regulations, and accordingly, the penalty was imposed on the Plaintiff, and the Plaintiff paid KRW 76,740.

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