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(영문) 서울중앙지방법원 2017.01.13 2015가단209369
자동차명의이전변경등록절차이행 등
Text

1. The Defendant is on the ground of the termination of the lease agreement on April 28, 2013 regarding the automobile stated in the separate sheet from the Plaintiff.

Reasons

1. Facts of recognition;

A. On April 28, 2010, the Plaintiff (the trade name before the change: KSI Co., Ltd.) and the Defendant concluded a motor vehicle lease agreement with the acquisition cost of KRW 174,634,200, lease term of KRW 36 months, monthly lease cost of KRW 4,571,100 on the motor vehicles listed in the separate sheet (hereinafter “instant motor vehicles”).

(hereinafter “instant lease agreement”). B.

When the lease contract of this case expires, the Plaintiff and the Defendant agreed to proceed with the procedure for the registration of ownership transfer in the Defendant’s name on the instant motor vehicle.

C. However, even after the expiration of the above contract period on April 28, 2013, the Defendant operated the instant automobile without changing the name in the future of the Defendant, and the occurrence of automobile tax, administrative fine, penalty, etc. in the course of its operation, and the Plaintiff paid it by proxy.

Of the above amounts paid by the Plaintiff, the amount that the Defendant did not pay is as follows.

(1) Of the penalty accrued from April 13, 2014 to August 22, 2015, the sum of automobile tax 1,589,630 won, KRW 541,120 won for June 6, 2015; KRW 541,120 for December 5, 2015; KRW 507,390 for June 6, 2016; ② The penalty totaling KRW 437,920 for penalty; and KRW 437,920 for penalty; and KRW 437,920 for penalty; and the fact that there is no dispute over the unpaid amount; each entry in Gap 1 through 7 (including the serial number); and the purport of the entire pleadings.

2. Determination

A. According to the above fact-finding on the cause of the claim, the Defendant is obligated to take over the transfer registration procedure for the instant automobile from the Plaintiff on April 28, 2013 due to the expiration of the lease agreement.

In addition, the Defendant is obligated to pay to the Plaintiff the sum of KRW 2,027,550 (i.e., KRW 1,589,630, KRW 437,920) and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from November 25, 2016 to the date of full payment, which is the following day when the written application for modification of the claim and the cause of claim was served on the Defendant on November 18, 2016.

B. Judgment on the Defendant’s assertion (1) The Defendant is the Plaintiff.

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