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(영문) 서울북부지방법원 2020.01.22 2019나1051
차량할부금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Defendant is a corporation established for the purpose of manufacturing and retailing products, such as bags and handbags, and the Plaintiff is a corporation that runs a business with D and Dong in its name on July 6, 2014.

B. On July 17, 2014, the Defendant, the Plaintiff, and D concluded an intermediate management contract under which C supplied products to the Defendant and sold them at “F” stores within the E-free shop, and the Defendant received the relevant fees from the Defendant on the 10th of each following month (hereinafter “instant intermediate management contract”).

C. On the date of the instant interim management contract, the Defendant purchased the Crodo vehicle in the name of the Defendant (hereinafter “instant vehicle”) and completed the registration of ownership, and delivered it to the Plaintiff and D, and D has subscribed to the automobile insurance in the name of the Plaintiff and used the instant vehicle for its business.

E. While the Plaintiff and D discontinued their business on December 31, 2015, they did not return the instant vehicle to the Defendant. From January 27, 2016 to August 13, 2016, the Plaintiff and D unpaid KRW 229,880, including administrative fines and parking fees, which occurred on the instant vehicle on the grounds of the violation of parking regulations and the use of parking lots, etc., and the instant vehicle became subject to attachment registration.

F. Accordingly, the Defendant filed a lawsuit against the Plaintiff and D seeking return of unjust enrichment equivalent to the rental fee of the instant vehicle (C after closure) after the termination of the instant intermediate management contract (Seoul Southern District Court 2017Kadan25759). On July 19, 2018, the court rendered a ruling of recommending reconciliation that “the Defendant waives all the claims against the Plaintiff and D. The Plaintiff and D shall not claim KRW 1,693,020 regarding the instant vehicle. The Plaintiff and D shall not claim against the Defendant for the insurance proceeds of the instant vehicle. The Defendant, the Plaintiff, and D confirm that no obligation exists with respect to the instant vehicle (hereinafter “decision of recommending reconciliation”). This was finalized on August 21, 2018.

G. Meanwhile, the plaintiff, D.

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