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(영문) 인천지방법원 2021.01.19 2020나56080

손해배상(기)

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The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

The purport and purport of the appeal

1. The purport of the claim;

Reasons

1. Determination on the cause of the claim

A. The facts of recognition (1) The Defendant was running a secondhand trading business with the trade name of “Co., Ltd.” (hereinafter “Non-Party Co., Ltd.”). However, around March 27, 2019, in order to raise funds for tax payment, the Defendant would have the Plaintiff obtain from the non-party Co., Ltd. (hereinafter “the instant vehicle”) the ownership transfer registration in the name of the non-party Co., Ltd. in the name of the non-party Co., Ltd. (hereinafter “Non-party Co., Ltd.”), and would have the Plaintiff repay the loans that the Plaintiff would receive on the part of the non-party Co., Ltd. (hereinafter “the instant vehicle”) after obtaining the ownership transfer registration in the name of the non-party Co., Ltd. (hereinafter “the instant vehicle”).

(2) On March 27, 2019, the Plaintiff: (a) secured the instant vehicle, and borrowed KRW 25 million from F Co., Ltd. in the name of the Plaintiff to the account under the name of the Defendant, and deposited the instant vehicle into the account under the name of the Defendant; and (b) on April 9, 2019, the Plaintiff completed the ownership transfer registration in the name of the Plaintiff.

(3) Despite the Plaintiff’s demand, the Plaintiff, who received the name of the instant vehicle and did not repay the loan received under the Plaintiff’s name by the payment deadline as agreed by the Defendant, was repaid KRW 25,228,711 to F Co., Ltd. on May 24, 2019.

(4) On November 15, 2019, the Plaintiff transferred the instant vehicle to G in KRW 14 million.

(5) Meanwhile, the Plaintiff bears 192,000 won, respectively, due to the delay in the inspection of the instant vehicle and the repair expenses, and the delay in the inspection of the instant vehicle imposed on the instant vehicle.

[Reasons for Recognition] Facts without dispute, Gap's statements or images, and the purport of the whole pleadings

B. (1) According to the above facts of recognition, the Defendant, barring any special circumstance, received the name of the instant vehicle from the Plaintiff when the Defendant violated the instant agreement.