손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Around November 2013, the Defendant, the Plaintiff’s assertion of which was omitted, prepared a power of attorney (Evidence A 6) for the procedure for discharge, stating that “When the Plaintiff is hospitalized in a mental hospital, the Plaintiff shall grant the Plaintiff a letter of delegation to the Nonparty C, who is the words “to discharge the Plaintiff.”
As such, the power of attorney prepared by the Plaintiff is only a discharge, but is not a motor vehicle for Podrid D (hereinafter “instant motor vehicle”) like the Defendant’s assertion.
The power of attorney submitted by the Defendant (as stated in the “vehicle-scrapping and the exclusive use”, and evidence No. B No. 1) is not prepared by the Plaintiff, but forged. Even if the Plaintiff was prepared for the household affairs, the Plaintiff was prepared in the state of mental disorder, and the Plaintiff’s signature and seal are void.
Ultimately, the Defendant, without any authority, will cause damage to the Plaintiff by transferring the Plaintiff’s instant vehicle under the name of the Defendant using forged power of attorney.
Since the Defendant sold the instant vehicle to another person and could not return it to the Plaintiff, it is obligated to pay the Plaintiff KRW 6 million, which is the value of the vehicle at the time of sale, as damages.
2. The Plaintiff asserted that the Defendant, without authority, transferred the name of the instant vehicle owned by the Plaintiff and caused damages to the Plaintiff. However, even if considering all evidence submitted by the Plaintiff as to the Defendant’s tort as alleged, it is insufficient to acknowledge such tort, and there is no other evidence. Even if the Defendant committed a tort, there is no evidence as to the fact that the Plaintiff’s amount of damages is KRW 6 million.
3. Therefore, the plaintiff's claim cannot be accepted. It is so decided as per Disposition.