(영문) 수원지방법원 2018.03.13 2016나73573

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(영문) 수원지방법원 2018.03.13 2016나73573

손해배상(기)

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1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. On May 24, 2013, the Defendant concluded a vehicle lease agreement with the Plaintiff (hereinafter “instant lease agreement”) with the company operating installment financing business, etc. on the following occasions:

On February 5, 2015, the Plaintiff declared that the instant lease contract was terminated by the delivery of the copy of the complaint in question, and the reason for termination was that the Plaintiff could not normally use the said vehicle due to the defect of the instant vehicle from May 28, 2013 to May 28, 2018.

[Ground of recognition] Facts without dispute, significant facts in the court, entry of Gap evidence 1, purport of the whole pleadings

2. The Plaintiff’s assertion was that the Plaintiff could not normally use the pertinent vehicle due to the defect of the instant vehicle from August 20, 2014 to the present date.

Therefore, there exists a cause attributable to the Defendant regarding the instant lease contract, such as delivery of defective vehicles to the Defendant, and the said lease contract is deemed to have been lawfully terminated by the Plaintiff’s declaration of termination. Therefore, the Defendant is obligated to compensate the Plaintiff for damages equivalent to the deposit of the instant lease contract, the lease fees paid by the Plaintiff, and the amount stated in the purport of the claim regarding the instant vehicle.

3. Determination

A. According to the instant lease agreement, where the Plaintiff issued a vehicle acceptance certificate to the Defendant, it cannot refuse to pay rent or to perform obligations under the instant lease agreement due to delay or defects in the delivery of the vehicle. However, where the Defendant knew or was negligent in knowing the fact in advance, the Defendant may not claim rent to the Plaintiff until the cause is resolved (see Article 8(3) of the Terms and Conditions), and there is no fault by the Defendant.

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