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(영문) 부산지방법원 2017.11.02 2016가단55635
대여금등
Text

1. The Defendant shall pay to the Plaintiff KRW 17,054,350 and the interest rate of KRW 15% per annum from August 25, 2017 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is an international siren Co., Ltd. (hereinafter “international siren”), and the Defendant became aware of the lease of a motor vehicle through the Plaintiff.

B. From the beginning of June 2016, the Defendant leased a motor vehicle through the Plaintiff. On June 20, 2016, the Defendant, via the Plaintiff, on June 20, 2016, leased the motor vehicle with respect to Cenz Embs Eclts Motor Vehicles (hereinafter “instant one motor vehicle”) between the Plaintiff and the international siren. From June 20, 2016, the term of lease was from June 19, 2016.

6. 22. 17:00, up to rent 360,000, concluded a vehicle lease agreement and paid rent, after delivery, the vehicle was used.

C. Of the lease agreement on the instant one vehicle, the insurance item states as follows: “The main vehicle is covered by the comprehensive insurance (person, goods, and losses) over 26 years of age, but its self-insurance (insurance on vehicle damage) is not covered, so the amount of damage of the vehicle (70% of the rent for rest) is the lessee’s responsibility at the time of the accident.”

After the Defendant started to use the instant one vehicle with delivery, the Defendant caused an accident involving the right side of the vehicle in the column of the parking lot, and the Plaintiff paid 2,792,350 won to the repair company on behalf of the Defendant after the repair period of seven days at the Defendant’s request.

E. On June 22, 2016, the Defendant again between the Plaintiff and an international rental car (hereinafter “instant two vehicles”) from June 22, 2016, to June 22, 2016, with respect to the period of lease for DMW 520D automobiles (hereinafter “instant two vehicles”).

7. By October 21, 100, a vehicle lease contract was concluded by setting forth a rent of KRW 2,880,000, but a vehicle was transferred without paying the rent, and the Plaintiff paid the said rent to an international siren.

F. On June 2016, the Defendant talks that the Plaintiff may purchase Not North Korea at low cost, and received KRW 2.5 million from the Plaintiff as the purchase price for Not North Korea, but paid Not North Korea.

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