차량매매대금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The defendant of the purport of the claim is 6,000.
1. Basic facts
A. A. Around April 26, 2006, the Plaintiff borrowed money from the Defendant and offered the Plaintiff’s mother C-C-owned car as security (hereinafter “instant car”).
B. As the Plaintiff did not repay the above loan, the Defendant sold the instant car to 14,700,000 won on September 28, 2006.
[Ground of recognition] Facts without dispute, entry of evidence No. 1, purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff borrowed KRW 10 million from the Defendant as security for the instant passenger car, and thereafter, the Defendant exempted the Plaintiff from interest on the said borrowed money in the course of investigating the case in which the Defendant filed a complaint against the Plaintiff.
On September 28, 2006, the Defendant alleged that the Plaintiff sold the Plaintiff’s car to KRW 16,000,000,000, and thus, the Plaintiff filed a lawsuit seeking payment of KRW 6,000,000, which is the difference between principal and principal of the loan, and subsequently, amended the Defendant’s assertion that the Plaintiff should return KRW 4,70,000 to the Plaintiff at the first instance, but did not modify the purport of the claim.
Since the sale was made to the Plaintiff, the Plaintiff is obligated to pay KRW 4,700,000,000 after deducting the principal borrowed from the above sale price.
B. On April 26, 2006, the Defendant lent KRW 15,000,000 to the Plaintiff, and paid KRW 13,800,000 after deducting KRW 1,20,000 from the pre-interest and vehicle storage expenses.
If the principal and interest of a loan to the plaintiff is deducted from the proceeds from the sale of a passenger car, it is no longer possible to respond to the plaintiff's request.
3. In full view of the purport of the entire pleadings in the statement No. 1 of the judgment, it is recognized that the Plaintiff received KRW 13,800,000 from the Defendant, deducting KRW 1,200,000 in the name of the monthly interest and vehicle storage expenses, from the Defendant around April 26, 2006, from KRW 15,00,000, from the loan certificate of KRW 15,000.
On the other hand, the interest rate between the plaintiff and the defendant at the time of the above loan.