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(영문) 서울중앙지방법원 2017.08.10 2015가단210031
자동차소유권이전등록
Text

1. Defendant A Co., Ltd. shall take procedures for registration of transfer of ownership from the Plaintiff on the motor vehicles listed in the separate sheet.

Reasons

1. The following facts may be found either in dispute between the Parties or in full view of each entry in Gap evidence A(including paper numbers) and all the arguments.

The Plaintiff entered into an automobile operation lease agreement (hereinafter “instant lease agreement”) with the Defendant A Co., Ltd. (formerly: Company B) and the Plaintiff’s attached list indicating the lease period as 36 months, and the Defendant C jointly and severally guaranteed the obligation of the Defendant A Co., Ltd under the said lease agreement.

B. In the instant lease agreement, the Plaintiff and Defendant A Co., Ltd. did not determine whether the vehicle would be owned after the return of the vehicle, re-lease, or principal repayment, with respect to the disposal of the vehicle, which is the object of the lease, if the lease term expires. However, the instant lease term expired, and the Defendant A Co., Ltd paid all the costs of the vehicle indicated in the attached

C. The Plaintiff and Defendant A Co., Ltd. agreed to bear automobile tax under the instant lease agreement. Article 12(4) of the automobile lease agreement, which forms part of the said agreement, provides that “The expenses and taxes and public charges (including fines for negligence and penalty) not included in the lease fee in relation to the purchase, delivery, registration, maintenance, use, cancellation of registration, scrapping, etc. of automobiles, shall be borne by the customer.”

The Plaintiff paid KRW 243,040,040, the aggregate of KRW 186,960, KRW 56,080, KRW 56,080, and KRW 243,040, and KRW 243,040, and KRW 177,120, and KRW 53,130,000, and KRW 230,250, and KRW 177,120, and KRW 53,000,00 for local education tax on December 24, 2015, and KRW 53,130,000, and KRW 17,120, and KRW 53,130,00 for local education tax on June 30, 2016, and KRW 250,250,000, respectively.

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