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(영문) 의정부지방법원 2016.02.16 2014가단51664

자동차인도

Text

1. The Plaintiff:

A. Defendant B shall not exceed 4,865,740 won within the scope of the property inherited from the network E and 2,261.

Reasons

1. Basic facts

A. On November 30, 2005, the Plaintiff registered the transfer of ownership in the name of the Plaintiff with respect to the motor vehicle indicated in the attachment (hereinafter “instant motor vehicle”).

B. Around 2006, the Plaintiff borrowed KRW 20 million from Nonparty F and transferred the instant vehicle to F as a collateral.

C. On January 1, 2007, Non-party E (hereinafter “the deceased”) entered into an insurance contract under its own name (the date of the final automobile insurance contract, January 7, 2014, and January 7, 2015, respectively) with the delivery of the instant vehicle from the F, and used the said vehicle until January 14, 2014.

The details of fines for negligence, etc. that occurred during the use of the instant vehicle by the deceased are as shown in the attached Form. The total amount reaches KRW 4,865,740.

E. On July 5, 2010, the deceased driven the foregoing vehicle during the period of using the instant vehicle, Defendant C was subject to an administrative fine of KRW 72,000 (including additional charges) due to a violation of the exclusive bus on expressway around 10:07, and Defendant D was subject to an administrative fine of KRW 72,00 (including additional charges) due to a violation of signal instructions around the Seocho Station around August 24, 2010.

F. Meanwhile, Defendant C and D, a spouse, are the deceased’s heir following the deceased’s death on October 8, 2014.

[Ground of Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 4, 7, 8 (including each number), the purport of the whole pleadings

2. Determination

A. According to the judgment on the cause of the claim 1, the deceased suffered a total of KRW 4,865,740, including the fine for negligence incurred by an illegal act while he operated the instant vehicle to the Plaintiff. The Defendants, co-inheritors of the deceased, are liable to pay it to the Plaintiff according to their respective shares of inheritance.

The Plaintiff sought reimbursement against the Defendants to the amount of damages equivalent to the fine for negligence exceeding KRW 4,865,740, but this constitutes an unlawful act committed while the Deceased operated the instant vehicle.