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(영문) 수원지방법원 2020.12.16 2019가단537107
부당이득금
Text

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

Litigation costs shall be borne by the plaintiff.

Reasons

1. The Plaintiff and the Defendant B are high school Dongs, and Defendant C is Defendant B’s three villages, and Defendant D’s mother.

around May 2014, Defendant B introduced Defendant C as a customer to the Plaintiff, who was working as a motor vehicle with a motor vehicle with a driver, and Defendant C asked the Plaintiff to conclude a lease contract for the motor vehicle A6 vehicle in the name of the Plaintiff E at that time.

On May 2014, the Plaintiff and Defendant C concluded a lease agreement under the name of the Plaintiff and agreed to change the title holder of the subsequent lease agreement from the Plaintiff to the said company because of the lack of relevant documents, etc.

(hereinafter “instant agreement”). On May 30, 2014, the Plaintiff entered into a lease agreement with the F Co., Ltd. (hereinafter “F”) on the condition that the vehicle A6 (hereinafter “instant vehicle”) was delivered from the F Co., Ltd. (hereinafter “F”) to the Defendant C for the lease deposit of KRW 11,085,00, monthly rent of KRW 1,387,80, and the lease period of KRW 1,387,800, and the lease period of KRW 60 from May 30, 2014 to May 30, 2019 (hereinafter “instant lease agreement”). Around that time, the Plaintiff handed over the instant vehicle from F to deliver it again to the Defendant C.

From May 30, 2014 to February 7, 2019, the Plaintiff paid F KRW 87,786,855 in total as monthly rent, insurance premium, administrative fine, etc. under the instant lease agreement, and Defendant C paid KRW 46,40,000 in total to the Plaintiff from October 29, 2014 to September 8, 2017.

[Ground of recognition] Facts without dispute, evidence A1 through 6 (including each number), the purport of the whole pleadings

2. Determination as to the defendants' property damage claims

A. On May 2014, the Defendants asserted that the Defendants succeeded to the instant lease agreement within 15 days and subsequently changed the name of the Defendants, once they concluded the instant lease agreement with the Plaintiff on the basis of the Plaintiff’s name.

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