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(영문) 부산지방법원동부지원 2019.08.22 2018가합101139
손해배상(기)
Text

1. Defendant B and C jointly share KRW 202,391,540 to the Plaintiff, as well as the year from April 11, 2018 to June 11, 2019.

Reasons

1. Facts of recognition;

A. On January 2017, the Plaintiff entered into a lease succession agreement with E Co., Ltd. (hereinafter “E”) and F Co., Ltd., and with respect to the G Bacan LP610-4) 2015-type automobiles (hereinafter “instant automobiles”) under the lease agreement entered into between E and F (hereinafter “instant lease succession agreement”) with the effect that they will succeed to the lessee’s status under the lease agreement entered into between E and F (hereinafter “instant lease succession agreement”). At that time, the instant automobiles were received. The major contents of the instant lease succession agreement include (i) Article 16 of the General Rules on the Management of Automobile Lease (Duty due to the destruction or damage of vehicles) ① Any natural disaster or any other reason, and all responsibilities and risks to all accidents, such as the loss of, damage to, or damage to, the vehicle that occurred from the time when C acquired the instant automobiles, shall be borne by Byung.

(3) Where this contract has been terminated due to the loss of a vehicle destroyed or damaged under Article 23, sick persons shall compensate for all the damages incurred by them due to the loss or damage of the vehicle.

Article 20 (Damages of Operational Lease Provisions) (1) Where Byung selects the operation lease of the successor condition table and the contract is terminated or terminated pursuant to Articles 22 and 23, Byung shall pay to Eul the amount of damages without delay and return the vehicle in accordance with the following formula:

Provided, That Article 23 paragraph (1) shall apply where a sick person fails to fulfill his/her duty to return a vehicle under Article 25.

(F) Article 23 (Loss of Maturity and Termination of the Contract) (3) If a cause falling under any of the following subparagraphs occurs to C, B may, without any notice or peremptory notice to C, lose the benefit of time for all obligations of C in respect of all obligations of C, and rescind or terminate this contract:

7. Paragraph 3 of this Article and paragraph 4 of this Article if a vehicle is destroyed or damaged to the extent that it is impossible to repair the vehicle.

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