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(영문) 서울동부지방법원 2016.10.28 2016가단101144

손해배상(기)

Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff KRW 42,467,793 and the Defendants B and C from October 30, 2013 to January 22, 2016.

Reasons

On March 10, 2011, the Plaintiff entered into a lease agreement with IMWs Korea Co., Ltd., and used the instant vehicle by delivery around that time. The Plaintiff entered into a lease agreement with IMWs 528i vehicle (hereinafter “instant vehicle”).

On June 2012, the Plaintiff requested Defendant D, a used car dealer, to dispose of the instant vehicle and succeed to the lease thereof. Defendant D introduced Defendant B, which operated the used car sales business in the name of “F” to the Plaintiff.

Defendant B, even if the Plaintiff received a car from the Plaintiff, provided the said car as security to another person, borrowed money, and agreed to repay the personal debt of Defendant B with the borrowed money. Although the Plaintiff did not have the intent or ability to allow the transfer of the name by finding a person to succeed to the lease of the car for the Plaintiff, the Plaintiff would have the right to receive the lease by finding the person to be succeeded to the lease from July 30, 2012, and would have the right to receive the lease by finding the person to be succeeded to the lease from July 30, 2012.

Around June 14, 2012, the judgment became final and conclusive after being convicted of imprisonment with prison labor for six months on October 30, 2013 and suspended execution for two years on February 6, 2014.

Defendant B, around June 14, 2012, around the delivery of the instant vehicle, received various public charges and penalties incurred before June 14, 2012 in acquiring the instant vehicle, shall be liable to the Plaintiff for the defects of the public charges and vehicles incurred thereafter, and the buyer shall be liable to the penalty and civil and criminal liability resulting from the nonperformance of the transfer of the instant vehicle.