beta
(영문) 부산지방법원 2016.09.27 2015가단59517

손해배상(기)

Text

1. Defendant C Co., Ltd, E, F and G respectively:

A. Plaintiff A’s KRW 35,309,206 and its related amount on September 10, 2015

Reasons

1. Basic facts

A. Plaintiff A (hereinafter “Plaintiff A’s bus”) and Plaintiff B (hereinafter “Plaintiff B’s bus”) joined Defendant F Co., Ltd. (the representative director) respectively.

B. The plaintiffs' bus was transferred to Defendant C Co., Ltd. (the representative director, Defendant D and the actual operator, Defendant E), and the right to collateral security was established as follows.

(hereinafter referred to as the “instant collateral security”). On July 3, 2014, Plaintiff A, a mortgagee of the collateral security right on the date of the establishment of the collateral security right (hereinafter referred to as the “instant collateral security”) deposit bank in Efaception Co.,, Ltd., Ltd. (hereinafter referred to as Plaintiff B’s bus Co., Ltd., Ltd., for Hyundai Fac Life Insurance Co., Ltd., on July 1, 2014 on July 2, 2014, 2014

C. With respect to Plaintiff A’s bus, the registration of the establishment of a neighboring mortgage was completed even before the name of Defendant C Co., Ltd. was transferred. However, on June 2, 2014, KRW 56,721,840 was repaid and the registration of the establishment of a neighboring mortgage was revoked.

On the other hand, on January 8, 2015, Plaintiff A subrogated for KRW 92,031,046 as principal and interest of the instant collateral security obligation against Hyundai Frand Life Co., Ltd.

On January 26, 2015, Defendant E removed Plaintiff B’s license plate within the K Company located in the JJ of Yangsan-si, and was sentenced to a fine of KRW 1,00,000,00 as of May 2, 2016 due to the interference with the exercise of rights as to the above facts.

(The above judgment became final and conclusive around that time). [Grounds for recognition] The parties to the dispute, as described in Gap evidence Nos. 1, 5, 7, and 10 (including additional numbers), the purport of the whole pleadings.

2. The parties' assertion

A. (1) The Defendants asserted that they set up the instant collateral security at will on their buses without obtaining permission from the Plaintiffs by public offering, aiding and abetting, or negligence, and thus, each of them set up the instant collateral security (including interest) KRW 35,309,206 (including KRW 92,031,046 (including the instant collateral security obligation on behalf of the Plaintiff A) - The collateral security obligation set up on the Plaintiff’s bus initially.