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(영문) 서울서부지방법원 2019.11.08 2019나32655

손해배상(기)

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1. Of the judgment of the court of first instance, the Defendant ordered payment in excess of the amount of money ordered to be paid below to the Plaintiff.

Reasons

1. Basic facts

A. The co-defendant C of the first instance trial (hereinafter “C”) presented to the Defendant a defect in the middle and high-ranking trading company, and C began the business along with 10 vehicles and 10 vehicles.

B. On January 2016, the Plaintiff requested the Defendant to lend the name of the vehicle under the name of the Defendant who purchased the vehicle by obtaining the loan under the name of her mother, her mother, her mother, and her natives, but the Plaintiff received the loan under the name of the Plaintiff and then requested the Defendant to lend the vehicle.

C. Around that time, the Defendant introduced the Plaintiff as a partner who will work together with C’s senior trading company.

Accordingly, on March 2, 2016, the Plaintiff purchased a vehicle (for annual 2015, vehicle registration number D, hereinafter “the instant vehicle”) from E Co., Ltd. (hereinafter “E”), with a loan of KRW 28.7 million, and registered the transfer of ownership in the name of the Plaintiff on March 11, 2016. On May 11, 201, the Plaintiff obtained a loan of KRW 26 million from G Co., Ltd. (hereinafter “G”), and registered the transfer of ownership in the name of the Plaintiff on May 11, 2016.

E. The Defendant and C received the instant car and the instant low-est vehicle (hereinafter “each of the instant vehicles”). From September 4, 2017, the Defendant and C transferred the installment of the instant vehicle to the Plaintiff, but thereafter, did not transfer the installment of the instant vehicle thereafter.

F. 1) Accordingly, the sum of the amounts paid by the Plaintiff in installments to E and G by March 2018 is KRW 13,885,312, and the sum of the amounts paid by the Plaintiff in installments to each of the instant vehicles is KRW 28,948,638 in total when calculating the loans of each of the instant vehicles to be paid by the maturity date of each of the instant loans thereafter at present. 2) Meanwhile, automobile tax imposed on each of the instant vehicles.