손해배상(기)
1. The plaintiff's appeal and the claim extended in the trial are dismissed, respectively.
2. This is due to the extension of claims for the costs of appeal.
1. On May 2013, the Plaintiff asserted that the Defendants filed a claim for damages, such as the return of vehicle prices, against the Defendants, the Suwon District Court Branch Decision 2013 Ghana29480.
In the lawsuit above, the Defendants paid 4,000,000 won to the Plaintiff until November 30, 2013, and the decision of recommending reconciliation was made with a view to adding damages for delay calculated at the rate of 20% per annum to the Plaintiff at the time of default.
The plaintiff paid KRW 2,490,770 in total as stated in the separate sheet No. 1,490,770 in order to recover from the realizing a vehicle, which is a movable owned by the defendants, due to the defendants' failure to repay the above amount by the above payment date. This is the damage suffered by the plaintiff due to the defendants' tort, so the defendants are liable to compensate the plaintiff.
2. On the other hand, examining the details of the Plaintiff’s claim for damages, this is an execution cost, self-help cost, and expenses incurred in preparation for the instant lawsuit. The mere fact that the Defendants merely failed to perform their obligations prescribed in the enforcement title cannot be readily concluded as tort under Article 750 of the Civil Act. Thus, the Plaintiff’s claim is without merit.
3. Thus, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance which dismissed the plaintiff's claim is just as it is concluded, and all of the plaintiff's appeal and claim extended in the court of first instance are dismissed as it is without merit. It is so decided as per Disposition.