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(영문) 서울서부지방법원 2021.01.28 2020나47745

손해배상(기)

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The plaintiff's appeal and the plaintiff's claim added in the trial are dismissed, respectively.

2. The costs of the lawsuit after the appeal are filed.

Reasons

1. Basic facts

A. On May 13, 2015, the Defendant was convicted of the Plaintiff on May 13, 2015 due to the following criminal facts (hereinafter “the instant crime”). The Defendant, a criminal defendant, around May 19, 2009, would return the vehicle after using the money and making use of the money to the Plaintiff, only one month when he/she borrowed the fenz vehicle:

“False speech was made to the effect that it was “.”

However, the defendant did not have the intention or ability to pay the money even if the defendant provided the plaintiff's vehicle as security and borrowed the money.

The Defendant, by deceiving the Plaintiff, was provided by the Plaintiff with DWz car (hereinafter “instant vehicle”) equivalent to KRW 50 million at the market price in the name of the wife C, and offered it as security to a third party, and received KRW 27 million as a loan.

B. The Defendant appealed against the above judgment. On September 18, 2015, the appellate court recognized that the market price of the instant vehicle was KRW 50 million, among the above criminal facts, changed to KRW 36,190,000,000, and sentenced the Defendant to imprisonment for eight months and a suspended sentence for two years (Seoul District Court Decision 2015No. 2977).

Although the Defendant was superior to the above judgment, the final appeal was dismissed on January 14, 2016 (Supreme Court Decision 2015Do16377), which became final and conclusive as is (hereinafter “relevant criminal trial”). D.

In the relevant criminal trial, the defendant deposited KRW 20 million for the plaintiff, and the plaintiff received it.

[Grounds for Recognition] Unsatisfy, Gap evidence Nos. 1, Eul evidence Nos. 1 and 5, and the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. The Plaintiff’s assertion 1) The ownership of the instant vehicle was transferred to the lender due to the Defendant’s instant crime, and the Plaintiff suffered damages equivalent to the market price of the instant vehicle.

For that reason, the market price of the instant vehicle was calculated as KRW 50 million in the initial related criminal trial and F.