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(영문) 광주지방법원 2021.01.08 2019가단515076
자동차소유권이전등록절차이행 등
Text

1. Defendant B:

A. On July 11, 2019, termination of the trust under one’s name on a motor vehicle listed in the separate sheet.

Reasons

1. Basic facts

A. On October 2018, 2018, the Plaintiff accepted the request of male-child-gu D, where “The Plaintiff borrowed the name in order to obtain a loan from Defendant B, who is a branch, and then borrowed the name, and the principal and interest on the loan is between the vehicle and the loan within one month after Defendant B pays the name of the loan.”

B. As a result, on October 15, 2018, the Plaintiff entered into an agreement on the second instance debate with the Defendant Company at the interest rate of KRW 31,00,000 per annum 19.9% (22.9% per annum), 36 months during the equal installment repayment period for the principal and interest, and 1,150,492 won (the first payment made on November 5, 2018 on the first payment made on November 5, 2018, to purchase the automobiles listed in the separate sheet (hereinafter referred to as “the instant automobiles”), and the loans were to be deposited into the account in the name of E Co., Ltd. (hereinafter referred to as “E”), whereas the Plaintiff entered into an agreement on the second instance debate (hereinafter referred to as “the instant loan agreement”).

The Defendant Company deposited KRW 31,00,000 of the instant loan to E account in accordance with the instant loan agreement, and KRW 8,100,000 among them was remitted to G, and KRW 16,100,000 to Defendant B, respectively.

Defendant B deposited KRW 2,00,000 to the Plaintiff on October 17, 2018.

(d)

The Plaintiff acquired the instant vehicle from E employee H, Inc., which was delegated by Defendant B, and set up a front of the house.

In this regard, as Defendant B paid only the installment up until January 8, 2019 and did not pay the installment under the loan contract of this case thereafter, D urged Defendant B to pay several installments and interest to the Plaintiff and to bring the instant vehicle.

E. Defendant B owned the instant vehicle around February 2019, but the installment payments under the instant loan agreement did not have been made continuously, and the Plaintiff did not pay to the Defendant Company the installment of the instant loan agreement, and the same year.

4. 8.1,152,235 won, the same year;

5.8.1,151,713 Total sum of 3,457.

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