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1. The Defendant delivers to the Plaintiff the vehicles listed in the attached list, and from September 26, 2015, KRW 340,580 and its amount.
Reasons
1. On September 27, 2013, the Plaintiff registered the transfer of ownership in the name of the Plaintiff with respect to the automobiles listed in the separate sheet (hereinafter “instant automobiles”).
The Plaintiff borrowed KRW 5 million from D on November 18, 2014, and transferred the instant vehicle to the security group, and D had it used by the Defendant.
While the Defendant used the instant automobile, there was a fine for negligence or unpaid tolls of KRW 340,580.
[Grounds for recognition] A1 through 7, and the purport of the entire pleadings, barring any special circumstance, the Defendant is obligated to deliver the instant vehicle to the Plaintiff, and the Defendant was liable to compensate the Plaintiff for the damages on which the fine for negligence or tolls was imposed, due to the nonperformance of illegal acts or tolls while driving the instant vehicle.
The plaintiff did not use the automobile of this case but paid KRW 3.80,948 as automobile tax imposed on the automobile of this case, and considering this, the defendant is obligated to pay KRW 1.0 million as consolation money. However, since automobile tax is imposed upon the possession of ownership of the automobile, it is difficult to view that the automobile itself caused damage to the plaintiff, or that the defendant did not illegally use the automobile of this case, and if the plaintiff did not illegally use the automobile of this case, it is necessary to seek compensation for damages equivalent to the cost of use or return of unjust enrichment. Thus
2. As to the defendant's argument, the defendant paid the price for use to D and used the vehicle in this case in delivery, and the defendant asserts that there is a right to possess and use the vehicle.
An automobile can only be the object of mortgage in accordance with Article 9 of the Act on Mortgage on Automobiles and Other Specific Movables, but cannot be the object of pledge, which is a real right to secure possession for the security of claims.
This is.