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(영문) 수원지방법원평택지원 2015.05.15 2014가단15618

자동차소유권이전등록절차이행

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion: (a) around August 21, 2012, the Defendant, a credit service provider, borrowed KRW 4 million from the Defendant; and (b) around the 31st day of the same month, deposited the Defendant with the attached automobile (hereinafter “instant automobile”); and (c) thereafter, the Defendant arbitrarily transferred the instant automobile to a third party, thereby imposing KRW 1,153,960 on the Plaintiff due to the administrative fine, etc. resulting from the instant automobile.

Therefore, on August 21, 2012, the Defendant is obligated to take over the transfer of ownership due to the payment agreement on the instant automobile from the Plaintiff and pay the Plaintiff KRW 1,153,960, including the fine for negligence, etc.

B. In light of the judgment, each of the evidence presented by the Plaintiff alone is insufficient to acknowledge the Plaintiff’s assertion. Unlike the Plaintiff and the Defendant, there was an accord and satisfaction agreement between the Plaintiff and the Defendant on August 21, 2012 regarding the instant automobile.

There is no evidence to prove that the defendant is liable to pay KRW 1,153,960, such as the above fine for negligence, etc., and the plaintiff's above assertion is without merit.

2. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.