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(영문) 수원지방법원 2020.02.12 2019가단534474
보증금반환
Text

1. All of the plaintiffs' claims against the defendant are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The plaintiffs and the defendant concluded a "vehicle rental contract" with the main contents that "the defendant lends a vehicle to the plaintiffs, and the plaintiffs pay a deposit and monthly user fee," and completed the delivery of the vehicle and the payment of the deposit.

Upon the expiration of the lease period stipulated in each of the above vehicle leasing contracts, the plaintiffs shall request the defendant to return the deposit to be paid simultaneously with the delivery of the leased vehicle.

2. Determination as to the cause of action

A. According to each description of Gap evidence Nos. 1 and 13 (including numbers; hereinafter the same shall apply), it is recognized that an agreement between the defendant and the ZA has been concluded with the main content of "the defendant's investment to establish and operate a siren company, but to delegate Z and AA with duties, such as rental car operations and vehicle management."

B. Furthermore, according to the video of the evidence A No. 14, each of the plaintiffs asserted that the plaintiffs had entered into a vehicle rental contract, is deemed possessed by the plaintiffs, and the plaintiffs submitted each of the vehicle rental contracts claiming that the above vehicles were entered into with the evidence No. 2 through No. 12 (hereinafter "each of the vehicle rental contracts of this case") or each of the vehicle rental contracts of this case.

C. However, in light of the following circumstances acknowledged by the purport of the evidence and the entire pleadings as stated in the evidence and evidence Nos. 2 and 12, and Nos. 2 and 3, it is insufficient to acknowledge that the evidence or circumstances cited by the plaintiffs (including the preparatory documents as of Jan. 20, 2020, which were submitted after the conclusion of the pleadings) were concluded between the defendant or Z and the plaintiffs, and there is no other evidence to acknowledge otherwise.

1 Each of the instant vehicle rental contracts shall be the vehicle number, model, the lessee's personal information, the date of final payment, and the user's fees in the official column of the general rental car contract.

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