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(영문) 서울중앙지방법원 2016.11.24 2016가단5138711

손해배상(기)

Text

1. The Defendant’s KRW 1,00,000 and the Plaintiff’s annual interest thereon from July 21, 2015 to November 24, 2016.

Reasons

1. Basic facts

A. On October 11, 2005, C registered the instant vehicle in the name of the Plaintiff on October 13, 2005, by means of forging the name of each Plaintiff and affixing the seal of each Plaintiff in the “the assignee” column and “the delegating in the delegation letter” column concerning D Cost Star Vehicles (hereinafter “instant vehicle”).

After approximately one year from the Plaintiff, the Plaintiff became aware that the instant vehicle was registered in the name of the Plaintiff, but did not raise any objection.

B. On July 14, 2014, C received the Plaintiff’s certificate of personal seal impression from the Plaintiff. Around July 14, 2014, the said certificate of personal seal impression was stated as “motor vehicle.”

C. On August 21, 2014, the Defendant was the head of E’s business division, who requested scraping, provided guidance that “The instant vehicle may scrap the vehicle for at least ten (10) years as the seizure price is high, and the borrower or the borrower shall prepare a power of attorney.”

C issued the Plaintiff’s certificate of personal seal impression only to the Defendant that “I would accept the Plaintiff’s power of attorney at the time of scrapping one year thereafter.”

around that time, the Defendant received delivery of the instant vehicle from C, and stored D.

On June 30, 2015, the Defendant, via the F in charge of the business of Hyundai Motor Vehicle, asked C to accept the delegation or identification card of vehicle owner in order to scrap the instant vehicle. However, the Defendant asked F to answer that “C is unable to receive the delegation or identification card due to the owner of the vehicle and the monetary relationship.”

E. The Defendant, via F, asked C to “whether or not there is a way to write and scrap the Plaintiff’s seal with the Plaintiff’s certificate of seal impression,” and asked F to “F to write and scrap the Plaintiff’s power of attorney.” If there is a problem that C from F to scrap the Plaintiff’s power of attorney, he will prepare and submit the power of attorney.

‘' has heard horses.

(f).