logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2018.06.27 2017가단1066
자동차인도 등
Text

1. Defendant B shall pay to the Plaintiff KRW 14,093,30 and the interest rate of KRW 15% per annum from February 11, 2017 to the date of full payment.

Reasons

1. Basic facts

A. On September 2015, the Plaintiff drafted two vehicle lease contracts (hereinafter “each of the instant vehicle lease contracts”) with the Plaintiff and the lessee as the Defendant Company A (hereinafter “Defendant Company”).

At the time, Defendant B affixed the corporate seal of the Defendant Company to the tenant column and signed in the acquisition column, and delivered to the Plaintiff a copy of the certificate of corporate seal impression, corporate register, and business registration certificate of the Defendant Company.

(On the other hand, the lease contract for New Zealand 330 seems to have been rescinded). 1) The lease period of the monthly rent (including VAT) for the 1stran and the HG LPG C 800,000 won from September 1, 2015 to September 18, 2015 (2) the monthly rent (including VT) for the 1stolian and the 1stolian 4D A/T 850,000,000 won from September 1, 2015 to December 18, 2015 (including VT) the monthly rent (including VT) for the vehicle numbered 4D A/T 850,000 won from October 15, 2015 to the end of the contract for the 1stolian 30D 300,010 to the end of the contract.

B. Defendant B: (a) operated the instant vehicle on the first day of each lease period of the Plaintiff’s HG, New Zealand 4WD, and Manman 4WD 4WD vehicles (hereinafter “each of the instant vehicles”); (b) on July 2016, Defendant B began to delay the monthly rent from July 2016; (c) on November 7, 2016, the Plaintiff urged the payment of the rent; and (d) drafted a promissory note as of November 30, 2016, stating that the payment of the overdue rent of KRW 9.7 million by November 30, 2016, Defendant B would be paid by November 30, 2016, and a promissory note as of November 30, 2016.

C. As of November 30, 2016, the overdue charge is KRW 14,093,330. Meanwhile, Defendant B did not pay the Plaintiff the overdue charge, but did not return each of the above vehicles.

[Reasons for Recognition] Defendant B: The Defendant Company’s assertion of confession (Article 150(3) and (1) of the Civil Procedure Act): the absence of dispute, and each description of Gap’s evidence 1 through 6 (including the serial number).

arrow