(영문) 부산지방법원 2015.03.20 2014나6173 | 리걸엔진

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(영문) 부산지방법원 2015.03.20 2014나6173

대여금

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1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The Plaintiff’s assertion that: (a) on October 8, 2012, the Plaintiff lent KRW 11.5 million to the Defendant; and (b) received a motor vehicle in the name of the Defendant as security; and (c) the Defendant is obligated to return the said loan

2. It is insufficient to recognize the fact that the Plaintiff lent KRW 11.5 million to the Defendant only with the descriptions of the evidence Nos. 1 to 5 (including a branch number), and there is no other evidence to prove otherwise.

Rather, in addition to the purport of the entire pleadings in the statement of evidence Nos. 3 and 11 submitted by the Defendant at the trial, the fact that D, which appears to be the wife of the Plaintiff, remitted KRW 8 million to the Defendant’s new bank account on October 8, 2012, and C and the Plaintiff were prosecuted for summary proceedings at the Busan District Court on February 5, 2015 can be acknowledged as follows.

Indictment

1. C sells a one-lane of a vehicle kept as security to the owner of the vehicle, and deliver part of the price as a loan to the owner of the vehicle as well as in mind to use the remaining money at will.

C On October 8, 2012, at one investment finance office, the Defendant loaned 10 million won for ENAS passenger cars (the equivalent of KRW 20390,000) from the Defendant as collateral and agreed to return the vehicle if the principal is repaid within three months.

C On the same day, after selling the above vehicle in custody to the Plaintiff as security at the above office, the Plaintiff transferred KRW 8 million to the victim on the same day.

As a result, C arbitrarily sold cars on the job for the defendant and embezzled them.

2. Where the transferee of the Plaintiff’s automobile intends to transfer it to a third party, he shall make a transfer registration of ownership in his name before transferring it, and the transferee of the registered automobile shall apply for a transfer registration of ownership to the Mayor/Do Governor.

On October 8, 2012, the Plaintiff is the F.C from the above Han Investment Finance Co., Ltd.

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