손해배상(기)
1. All of the claims filed by the Plaintiff (Counterclaim Defendant) are dismissed.
2. The Plaintiff (Counterclaim Defendant) is from the Defendant (Counterclaim Plaintiff) B.
1. Facts of recognition;
A. Defendant New Loan Automobile Co., Ltd. (hereinafter “Defendant Company”) is a corporation mainly engaged in automobile sales business, and is a motor vehicle dealer registered pursuant to the Motor Vehicle Management Act. Defendant C is an employee of the Defendant Company from May 2012 to the present date.
B. On November 4, 2011, the Plaintiff received transfer registration of ownership of an automobile indicated in the separate sheet in the name of the Plaintiff (hereinafter “instant automobile”) from E and received a loan from the Plaintiff as collateral, and completed the transfer registration of ownership on the instant automobile under the name of the Plaintiff on November 4, 201.
E, on behalf of the Plaintiff on the same day, took out a loan of KRW 20,000,000 (hereinafter “the instant loan”) from the Dongyang Life Insurance Co., Ltd. (hereinafter “Dongyang Life Insurance Co., Ltd.”) on behalf of the Plaintiff in order to pay the Plaintiff KRW 830,000 each month in installments for 36 months, and paid the Plaintiff KRW 4,520,000 among them.
C. E used the instant vehicle from November 201 to pay the installment of the instant loan from November 201, but did not pay the instant installment of the loan from June 2012.
Accordingly, the Plaintiff demanded E to repay all the instant loans and transfer the instant vehicle. D.
E, on September 27, 2012, without being delegated by the Plaintiff with respect to the transfer of ownership of the instant vehicle, the Defendant C had the Plaintiff make a false statement to the effect that “the Plaintiff had brought the name of the instant vehicle,” and caused the Defendant C to complete the registration of transfer of ownership in the name of the Defendant B (hereinafter “instant transfer of ownership”).
E. E has forged the registration application for the transfer of the instant automobile under the Plaintiff’s name.
(hereinafter “instant crime”) is a crime committed on September 23, 2013.