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(영문) 창원지방법원 2017.06.29 2016가단116063

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On February 14, 2014, the Plaintiff, as the owner of a motor vehicle listed in the separate sheet, which is a business vehicle (hereinafter “instant motor vehicle”), delegated C to sell the instant motor vehicle at KRW 23,000,000.

B. On February 14, 2014, C completed the registration of ownership transfer on the instant motor vehicle transaction business to the Defendant, which is conducting the instant motor vehicle transaction business under the trade name “D”, due to the transaction transfer by the trader.

C. On March 7, 2014, the Defendant registered the creation of a right to collateral security with the debtor C, the maximum debt amount of KRW 48,00,000 with respect to the instant automobile to E. D.

On May 16, 2014, the Defendant completed the registration of transfer of ownership on the instant motor vehicle to F on the grounds of transaction transfer by the buyer, and F completed the transfer of ownership on May 26, 2014 to G on the grounds of transaction transfer by the buyer.

E. C was indicted by Busan District Court Branch Branch 2014Kadan1626 on the act of embezzlement by providing the Defendant with ownership transfer registration and security to E, and the said court sentenced C to six months of imprisonment on April 2, 2015.

C appealed from Busan District Court No. 2015No1055, but the judgment of dismissal of the appeal became final and conclusive on June 5, 2015.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. The plaintiff's assertion that the defendant suffered a loss equivalent to the market price of the automobile of this case due to the following illegal acts. Thus, the defendant is obligated to pay 23,000,000 won and damages for delay equivalent to the market price of the automobile as compensation for damages to the plaintiff.

The defendant is a motor vehicle dealer who is not the owner in the motor vehicle register and is requested to arrange sale of the motor vehicle in this case by C, and the plaintiff's intention should be confirmed in the motor vehicle register.