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(영문) 수원지방법원 2016.06.29 2015나29029
리스채무금 청구의 소
Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) against the instant principal lawsuit and counterclaim are dismissed.

2. The appeal costs.

Reasons

1. Basic facts

A. The Plaintiff is a specialized credit financial corporation that deals with installment financing loans, general loans, leases, etc., and D Co., Ltd. (hereinafter “D”) is a specialized company specializing in camping car manufacturing, a special driving vehicle.

B. On September 21, 2012, the Plaintiff and D entered into a business partnership agreement (hereinafter “instant business partnership agreement”) with a view to enhancing the Plaintiff’s attraction of goods and promoting D’s sales capacity by introducing a camping car produced by D to the Plaintiff’s lessee.

C. On July 22, 2013, the Defendant Company drafted a sales contract of KRW 82,500,000 for a camping car (hereinafter “instant express vehicle”) that remodeled the Grand Star motor vehicle (hereinafter “instant vehicle”). D.

On July 25, 2013, the Plaintiff and Defendant Company entered into a financial lease agreement (hereinafter “instant lease agreement”) with Defendant B, which stipulates that advance payment of KRW 22,500,000, monthly rent of KRW 1,939,600, and the lease period of KRW 36 months, with Defendant B’s joint and several sureties.

E. On July 30, 2013, Hyundai Motor Co., Ltd. and submitted to the Plaintiff a written confirmation of the fact and condition of the sales contract with respect to the instant vehicle, including KRW 24,350,000, the contract date, June 29, 2013, and July 22, 2013 as of the date of delivery. On July 31, 2013, the Plaintiff received KRW 82,50,000,000 in total from the Plaintiff as the instant vehicle price and camping car manufacture price.

F. However, D sold the instant vehicle or the instant peculiar vehicle to a third party without registering a vehicle under the name of the Plaintiff’s customer and establishing a right to collateral security in the name of the Plaintiff.

G. Accordingly, the Plaintiff filed a lawsuit for damages claim against D and its representative director E (Tgu District Court 2014Gahap20105) by asserting that D and its representative director suffered damages by violating the obligations under the business partnership agreement of this case.

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