beta
(영문) 의정부지방법원 2017.06.23 2015나11336

대여금 등

Text

1. The judgment of the first instance court, including the claims expanded and reduced in this court, shall be modified as follows:

Reasons

1. Basic facts

A. The plaintiff is a person who has been naturalization in KIKOStan to Korea, and the defendant has maintained the relation from around 2007 as a foreigner of KIKOStan nationality.

B. Around November 2013, the Defendant purchased the 2003-E vehicle (hereinafter “instant vehicle”) from D who operates C Company.

C. Around December 2013, the Plaintiff transported the instant motor vehicle to KIKO. D.

As of June 9, 2017, which was the date of the closing of the argument in this case, the exchange rate is USD 0.01464 per the species of the plant, and KRW 1,125 per US dollars.

[Ground of recognition] Facts without dispute, Gap evidence 12, 15, Eul evidence 2, facts with merit in this court, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion 1) upon the Defendant’s delegation, entered into a contract with the Plaintiff to transport the instant vehicle as KIKO, and the Plaintiff paid KRW 1,836,144 ($1,640) and KRW 1,740,978 ($ 106,602) and KRW 3,577,122 in total ($ 1,5555), with respect to the delegated affairs, the Defendant is obligated to pay to the Plaintiff. (2) The Plaintiff transported the instant vehicle to KIKO pursuant to the instant delegation contract, but the Defendant did not take over and take over the instant vehicle without settling transportation expenses, and the Defendant is obliged to pay the parking expenses of the instant vehicle to the Plaintiff as the necessary expenses incurred with respect to the storage goods, USD 265,00, USD 346,975 x USD 10646 x 27565 x 1675 x 1675 x 1665 x 275 x 167

B. Defendant’s assertion 1) The Plaintiff did not conclude a transport contract between the Plaintiff and the Defendant as it stolen and transported the instant vehicle without permission. 2) Transport costs, customs clearance costs, and expenses claimed by the Plaintiff.