beta
(영문) 대구지방법원 2017.09.06 2015가단28675

손해배상 등

Text

1. Defendant B’s KRW 27,460,100 and the Plaintiff’s annual rate of KRW 5% from February 18, 2016 to September 6, 2017.

Reasons

1. Facts of recognition;

A. On February 8, 2012, the Plaintiff leased from one Capital Co., Ltd. a motor vehicle listed in the separate sheet (hereinafter “instant motor vehicle”).

(F) monthly rent of KRW 1,615,00, lease period of KRW 48 months from March 2012 to February 2016).

On June 2012, the Plaintiff purchased a new car from D around 2012, and requested D to purchase the instant vehicle already used, or to color a person to succeed to the lease contract, the Plaintiff left the vehicle.

C. Around June 28, 2012, D entrusted the sale of the instant motor vehicle to Defendant B by another motor vehicle dealer, D prepared and issued a delegation letter of the transfer of the motor vehicle in the name of the Plaintiff (which does not include a document verifying whether the Plaintiff was delegated, such as the evidence No. 4, a certificate of personal seal impression, or an identification card) and delivered the motor vehicle.

On June 28, 2012, Defendant B loaned KRW 50 million from Defendant C to D in order to repay the lease fee of the instant vehicle and acquire ownership of the instant vehicle, and thereafter dispose of it, Defendant B received a certificate of automobile transfer (No. 1) written in his name from D.

E. However, D, on August 2012, deposited money received from Defendant B with the Philippines without paying the Plaintiff or using the lease fee.

F. Accordingly, on September 25, 2012, the Plaintiff called the Defendant B, who is in the custody of the instant automobile, and the Defendant B agreed to bear the Plaintiff’s liability for the lease fee of the instant automobile and the fine for negligence imposed thereon (hereinafter “instant agreement”).

G. Accordingly, Defendant B paid KRW 38,767,200 ( KRW 1,615,300 x 24) to Han Capital from October 2012 to September 2014, Defendant B, however, did not pay rent thereafter.

Since then, the lease fee was paid by the Plaintiff and acquired the ownership of the instant vehicle (which is grounds for recognition).