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1. The plaintiff's primary and conjunctive claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On November 15, 2012, Nonparty 3 (hereinafter “Nonindicted Company”) leased Nonparty 3 (hereinafter “Nonindicted Company”) a vehicle (vehicle number E; hereinafter “instant vehicle”) at 22.1% per annum with an overdue interest rate of 24% set at 55,00,000 won for financial application amount, 36 months for contract period, 2,103,321 won for monthly payment, 22.1% per annum for monthly rent, and 24% per annum for overdue interest rate of 207 BenzS500 L vehicles (hereinafter “instant vehicle”).
(hereinafter “instant lease agreement”). B.
However, after acquiring the instant vehicle, C did not have used the instant vehicle. From November 15, 2012 to January 14, 2015, Defendant A occupied and used each of the instant vehicles from January 15, 2015 to December 15, 2015 by Defendant B.
C paid a total of KRW 14,56,740 per month rent to a non-party company from December 12, 2012 to June 2013, and the non-party company was in arrears from July 2013. The non-party company lost the benefit of the term on November 27, 2013, terminated the instant lease agreement even around that time, and received KRW 15,00,000 from Defendant A on January 16, 2014, and treated KRW 47,427,412 as bad debt in relation to the instant lease agreement on June 23, 2014.
C. On July 15, 2015, Nonparty Company: (a) determined the lease fee claim against C (the principal amount of KRW 47,427,412 as of June 29, 2015) as KRW 5,568,437 as the sale price; and (b) notified C of the fact of assignment on August 11, 2015.
On August 26, 2015, the Plaintiff completed the ownership transfer registration under the Plaintiff’s name with respect to the instant vehicle. On September 24, 2015, the Plaintiff issued a payment order ordering payment of KRW 48,421,6079 as Seoul Western District Court Decision 2015Hu60799 on September 24, 2015 and KRW 47,427,412 as to KRW 24% per annum from June 30, 2015 to the date of full payment, and the payment order was finalized on October 20, 2015.
As to the instant vehicle possessed by Defendant B on December 9, 2015.