대여금
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Defendants asserting that they jointly borrowed money from the Plaintiff by deceiving the Plaintiff as if they were able to register the movement of a motor vehicle in a normal condition while providing false or forged documents that cannot be registered for the transfer of a motor vehicle, and then delivering each motor vehicle listed in the separate sheet (hereinafter “each motor vehicle of this case”) along with the above documents. The Defendants are jointly obligated to pay the money borrowed to the Plaintiff and take over the transfer registration of each motor vehicle of this case.
In addition, the defendants could not exercise their rights by deceiving the plaintiff by deceiving the plaintiff, and provided each of the motor vehicles of this case as security. Since the plaintiff caused damages to each of the nominal owners of the motor vehicles of this case, the plaintiff must compensate for damages of 3 million won per each of 6 motor vehicles of this case.
2. Determination
A. The following facts may be acknowledged in full view of the purport of the entire pleadings in each of the statements in Gap evidence Nos. 1 to 41 and Eul evidence No. 1.
(1) Around January 15, 2015, the Plaintiff provided 3.8 million won to Defendant B by offering coos vehicles in the name of E as security and remitting KRW 3.8 million to Defendant D account, including the transfer of security and money.
However, at the time, the plaintiff was well aware of the attachment and seizure of the above Ecub vehicles.
② Around February 12, 2015, the Plaintiff received from Defendant B as security a HWS car in the name of G and remitted KRW 7.6 million to Defendant D account, thereby lending KRW 7.6 million to Defendant B.
However, at the time, the plaintiff was well aware that the documents provided for the above halog vehicles are forged.
③ On February 25, 2015, the Plaintiff received from Defendant B as a security a JM-bable vehicle from Defendant B, and wired KRW 14,450,00 to Defendant C’s account.