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(영문) 대구지방법원 2016.08.23 2014가단111839 (1)
대여금
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On September 21, 2012, the Plaintiff entered into a business restraint contract with D Co., Ltd. (hereinafter “D”) which is a special driving vehicle, and concluded a business restraint contract with D Co., Ltd. (hereinafter “D”), which was aimed at strengthening the Plaintiff’s attraction of leased products, and strengthening D’s strengthening of sales capacity.

B. On May 22, 2013, the Plaintiff and Defendant A Co., Ltd. (hereinafter “Defendant Company”) entered into a financial lease agreement with Defendant C and B, setting the vehicle amounting to KRW 82,50,000, lease amounting to KRW 22,50,000, lease amounting to KRW 36 months, and monthly lease amounting to KRW 1,939,60, with respect to camping vehicles, under the joint and several sureties of Defendant C and B.

(hereinafter “instant lease agreement”). C.

The Plaintiff prepared a vehicle acceptance certificate on the application for lease and paid the lease amount to D, but in fact, the camping car, the object of the instant lease contract, was not yet produced and thus was not delivered to the Defendant Company, and the Plaintiff was also aware of it.

[Ground for Recognition: Facts without dispute, Gap evidence Nos. 1 through 13 (including a branch number)

hereinafter the same shall apply.

(i)each entry in Eul evidence 1 to 16, witness E’s testimony, the purport of the whole pleadings;

2. Determination as to a claim based on a lease agreement

A. The Plaintiff’s assertion 1) The Plaintiff terminated the instant lease contract by serving the copy of the instant complaint on the Defendant Company, which did not pay the lease fee under the instant lease contract. In the event the instant lease contract is terminated, the Defendant Company is jointly and severally liable to pay the Plaintiff the lease fee of KRW 40,731,60, the settlement lease fee of KRW 1,877,03, the settlement lease fee of KRW 877,033, the settlement lease fee of KRW 812,034, the settlement lease fee of KRW 365,615, and the termination fee of KRW 304,774, the remainder lease fee of KRW 10,159,135, and the remainder lease fee of KRW 10,545,620, which was the lease payment of KRW 59,804,571, and any of them 50,526,922.

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