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(영문) 광주지방법원 2017.09.28 2016가단29130

자동차명의등록말소 등

Text

1. As to KRW 13,717,120 and KRW 10,000 among them, Defendant B shall have 5% per annum from January 28, 2015 to June 14, 2017.

Reasons

1. The Plaintiff’s assertion is as indicated in the grounds for the claim, except where “3,729,120 won” is changed to “3,717,120 won”.

2. Determination

A. Defendant B’s claim against Defendant B does not clearly dispute the Plaintiff’s above assertion, and thus, it is deemed as a confession under Article 150(3) and (1) of the Civil Procedure Act.

Therefore, Defendant B is obligated to pay to the Plaintiff KRW 13,717,120, 100, plus KRW 10,000,00,000, including fines for negligence imposed on the motor vehicles listed in the separate sheet, as well as KRW 13,717,120, and the consolation money of KRW 10,00,00,00, which is the tort day, 5% per annum under the Civil Act from January 28, 2015 to June 9, 207, which is the tort day, until June 14, 2017, a duplicate of the application for change of the purport of the claim and the cause of the claim, from June 14, 2017, and damages for delay calculated at 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (hereinafter “Promotion Act”) from the following day to the day of full payment.

(1) The Plaintiff’s claim for damages for delay under the Promotion Act against KRW 10,000 (10,000) is filed from the day following the day on which the instant lawsuit was filed. However, where the Plaintiff declares a judgment ordering the performance of all or part of the monetary obligation, damages for delay under the Promotion Act due to the nonperformance of the monetary obligation can be claimed from the day following the day on which the written complaint demanding the performance of the monetary obligation or other equivalent document was served on the obligor. Thus, the Plaintiff’s claim for damages for delay exceeding the above scope is recognized under the Promotion Act, and the Plaintiff’s claim for damages for delay is rejected).

The evidence submitted by the Plaintiff to Defendant C, D Co., Ltd., and E alone, as alleged by the Plaintiff, proceeds from an unfair loan in the name of the Plaintiff regardless of the Plaintiff’s intent, and Defendant D Co., Ltd and E are the Plaintiff.