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(영문) 광주지방법원목포지원 2020.09.16 2020가단50455
자동차 인도 등 청구의 소
Text

The Defendant, as the Plaintiff

(a) deliver each motor vehicle listed in the separate sheet;

B. Attached Nos. 1 from June 26, 2020 to Annex 2.

Reasons

1. According to the evidence evidence Nos. 1 through 5 of the judgment as to the cause of the claim, the Plaintiff concluded a lease fee of KRW 4,363,00 per month from C Co., Ltd. and KRW 4,363,00 per month from the lease fee (payment date 25th day following the following day), from November 30, 2017 to November 30, 2021, and ② from D Co., Ltd. to November 30, 2021, the automobiles listed in the separate sheet Nos. 2 (hereinafter referred to as “each of the instant automobiles” in the separate sheet Nos. 4,06,540 per month from the lease fee of KRW 4,06,540 (payment date 26th day following the following day), and from November 29, 2017 to November 28, 2021.

In addition, in light of the following circumstances acknowledged by comprehensively considering the purport of Gap evidence No. 14 (including paper numbers; hereinafter the same shall apply) and the entire arguments, namely, from August 2018 to February 2019, the defendant sent text messages to the plaintiff to the effect that "the plaintiff shall pay the rent of each of the of the of the of the of the of the instant automobiles to the plaintiff, arrange each of the of the instant automobiles, or deliver them to the plaintiff," and that the defendant himself stated that he operated each of the instant automobiles of this case, it is reasonable to deem that the plaintiff and the defendant entered into an agreement between the plaintiff and the defendant to pay or bear the lease fees that the plaintiff bears with respect to each of the instant automobiles and all the expenses incurred in the operation of the instant automobiles to the plaintiff (hereinafter "the agreement on the use of the instant automobiles").

Furthermore, according to the statements in Gap evidence Nos. 6 through 13 and 15 through 18, with respect to each of the instant automobiles from around December 2017 to around June 2020 (the amount used in May 2020), the lease fees, insurance premiums, taxes, fines for negligence, overdue interest, etc. (hereinafter "lease fees, etc.") arising from each lease agreement between the plaintiff and each of the instant lease companies are as follows.

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