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(영문) 서울중앙지방법원 2018.04.19 2017가합532114
손해배상(기)
Text

1. The defendant shall pay KRW 5,660,021 to the plaintiff.

2. The plaintiff's remaining claims are dismissed.

3. The costs of lawsuit;

Reasons

1. Basic facts

A. D Co., Ltd. (hereinafter “AB”) is a company that imports and sells F vehicles, etc. manufactured in England E to designated distributors, etc., and the Defendant is a designated seller that purchases and sells a vehicle supplied by the LAB.

B. On December 16, 2015, G Co., Ltd. (hereinafter “G Co., Ltd.”) purchased from the Defendant for KRW 184,279,00 the price for the instant automobile (hereinafter “instant automobile”) from KRW 184,279,00. On the same day, the Plaintiff entered into a lease agreement with the G Co., Ltd. in relation to the instant automobile (hereinafter “instant lease agreement”) and paid the lease fee to the G Co., Ltd. from that time.

The main contents of the instant lease agreement are as follows.

Type of lease: 36 months from the date of issuance of the certificate of receipt of an article: Lease fees of KRW 137,413,950 for the leased principal to be paid during the lease period: 4,530,50 won per month (the first payment date January 23, 2016): The disposal after the termination of the lease period: The remaining principal of the lease (the remaining value, 58,893,00 won) may be the customer's responsibility (Article 3), (1) the customer may select the type, size, performance, etc. of the vehicle to be used by him/her, and maintain and manage the vehicle with the care of a good manager after the acquisition of the vehicle, and the financial company does not bear the warranty liability for the automobile.

(2) The ownership of a leased motor vehicle shall be owned by the financial company, and customers shall hold only the right to benefit from the motor vehicle.

[Article 4] The types of leasing may be divided into financial leasing and operating leasing depending on whether all risks and benefits arising from the possession of leased assets are transferred to the lessee, and the types of the leasing will be in accordance with the agreement.

[Article 8] The delay of delivery of a motor vehicle or the defect ① The customer shall be liable for damages directly to the seller when the damage was incurred due to the delay or defect of the motor vehicle.

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