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(영문) 서울고등법원 2016.04.07 2015나15117
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On January 18, 1983, the Plaintiff was established for the purpose of cargo transport business and added “motor vehicle rental transport business” to the business purpose on September 29, 2003.

B. B, with the consent of the Plaintiff, transferred a motor vehicle owned by the Plaintiff or operated the motor vehicle leasing company in the name of the Plaintiff from November 2003 to another company, and operated the motor vehicle leasing company in the name of the Plaintiff in the office located in Pyeongtaek-si F.

C. On July 9, 2007, B established the Defendant for the purpose of automobile rental business by making his/her type D as the representative director and changed the name into that of August 11, 201.

From that time, the defendant runs the automobile rental business under the name of the defendant.

B around July 2011, when transferring the Defendant’s management right to E, E was appointed as the Defendant’s representative director on July 27, 2011.

However, there was a dispute between B and E, and B seems to operate a car rental company in the name of the defendant at present.

B The type D was already retired on July 9, 2010 from the position of the representative director and the director. The registration of his retirement and the registration of his retirement was completed on August 9, 2011.

E. On August 1, 2011, B drafted and issued to the Plaintiff a confirmation of the purport that “B, while operating a car rental company by relocating the name of the automobile to the Plaintiff, the fine for negligence incurred on the relevant automobile should be borne by B himself/herself and the Defendant, and thus, promises to pay and succeed the fine for negligence.” (hereinafter “instant confirmation of fact”) in B and the Defendant’s name (representative D).

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 4 (including paper numbers), Eul's 1-1, 2, and 5-2, and the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion B and the Defendant: (a) on August 1, 201, through the instant confirmation document, imposed an administrative fine imposed on the Plaintiff who operated his/her business in the name of the Plaintiff; and (b) the Defendant.

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