(영문) 서울중앙지방법원 2015.02.03 2014나11924

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(영문) 서울중앙지방법원 2015.02.03 2014나11924

양수금

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1. The judgment of the court of first instance is modified and the plaintiff's successor's claim is dismissed.

2. The total cost of the lawsuit is Plaintiff.

Reasons

1. Basic facts

A. The Intervenor succeeding to the Plaintiff (hereinafter “Successor”) is a company established for the purpose of facility leasing, installment financing, and other specialized credit business.

B. On July 4, 2012, the Defendant entered into a lease agreement for automobile facilities (hereinafter “lease agreement”) with the succeeding intervenor, under which the Defendant, the lessee, the acquisition cost of KRW 46.8 million, the lease period of KRW 36 months, the monthly rent of KRW 9.10,000, and the overdue interest rate of KRW 25% (hereinafter “instant lease agreement”).

C. The main contents of the terms and conditions of the instant lease agreement (hereinafter “instant terms and conditions”) are as follows.

(A) The term “A” and “B” refer to the succeeding intervenor. Article 3 (Lease Period) The term of lease is based on the entry in the lease condition table, and it shall be calculated from the date on which A issued the vehicle receipt.

Provided, That the lease shall be deemed to have been executed when Party A confirms the delivery of a vehicle from the seller and pays the purchase price and notifies Party A of the commencement of the lease in writing, even if Party A received the vehicle without any justifiable reason.

Article 10 (Purchase and Delivery, etc. of Vehicles) (1) A shall determine the seller, size, function, specifications, etc. of a vehicle, and Eul shall order the seller on behalf of the seller A, and Eul shall not bear any liability or cost in relation to the selection of the vehicle.

(2) A shall, when a vehicle is delivered by a seller, complete the inspection without delay after taking over it, and issue a vehicle receipt to B. If A does not deliver a vehicle receipt to B immediately even if the vehicle is delivered, B may give written notice of commencement of lease to A on the grounds of the completion of the vehicle acquisition procedure or the seller's confirmation of delivery of the vehicle, and in such cases, A shall issue a vehicle receipt.

유사 판례

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