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(영문) 서울중앙지방법원 2014.11.19 2013가단5114523

손해배상(기)

Text

1. The defendant shall deliver the vehicle listed in the attached list to the plaintiff.

2. The plaintiff's remaining claims are dismissed.

3...

Reasons

1. Facts of recognition;

A. On October 19, 201, the Plaintiff entered into a loan transaction agreement with the Defendant who operates a credit business company “C” and borrowed the loan amount at a rate of 3.25% per month on January 18, 201.

B. On the day of the conclusion of the above loan transaction agreement, the Plaintiff prepared the “Written Agreement on the Transfer of Motor Vehicles and the Operation of Motor Vehicles for Transfer of Name (hereinafter “each of the instant documents”),” with respect to the instant motor vehicles owned by the Plaintiff, and each of the above written statements stated, “I, on October 19, 201, borrowed KRW 13 million from the previous one as security of the motor vehicle, and full payment of the borrowed amount is made by January 18, 2012. When entering into the above agreement, I agree that I will have all the rights and authority of the motor vehicle and waive the vehicle. I will decide to set up and cancel the registration of the motor vehicle. I agree that the obligor will immediately transfer the ownership of the motor vehicle after the completion and seizure of the collateral security on the register of motor vehicles.” The obligee stated that the obligor cannot claim ownership of the motor vehicle even if he operates the motor vehicle until the seizure of collateral security is terminated.”

C. When the Plaintiff delayed the repayment of the above loan, the Defendant began to receive the instant vehicle from the Plaintiff and keep it as security on the basis of the above loan transaction agreement and the letter of this case, and has been kept until now.

[Reasons for Recognition] In full view of the facts without dispute, Gap evidence No. 1, Eul evidence No. 1, Eul's agreement on the transfer of cars and the operation of cars with the name transfer, Eul evidence No. 1, Eul evidence No. 2, and 3, the plaintiff's signature is recognized as the plaintiff's writing, and the plaintiff's seal is recognized as being affixed with the seal of the plaintiff, and thus the authenticity of

The plaintiff asserts that the above letter was forged or altered, but the evidence submitted by the plaintiff alone is recognized.