(영문) 수원지방법원안양지원 2016.10.13 2016가단102380

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(영문) 수원지방법원안양지원 2016.10.13 2016가단102380

대여금 등

Text

1. The defendant

(a) deliver a motor vehicle listed in the separate sheet;

(b) KRW 161,285,750 and this shall apply thereto.

Reasons

In fact, the Defendant purchased and used C (D students, death on December 17, 2015, hereinafter “the deceased”) and Paragraph (1) vehicles listed in the separate sheet around February 2015, and Paragraph (2) vehicles listed in the same list (hereinafter “each of the instant vehicles”) in the name of each deceased around September 2015, and imposed taxes, insurance premiums, etc. on each of the instant vehicles on the Defendant.

In accordance with the above agreement, while the Defendant purchased and used each of the instant vehicles, the Deceased demanded the Defendant to return each of the instant vehicles, the Defendant, around December 2015, ordered the Defendant to return the instant vehicles.

Nevertheless, the Defendant continues to possess and use each of the instant vehicles without returning them.

The sum of automobile taxes, fines for negligence, etc. imposed on each of the instant vehicles and to be paid by February 15, 2016 is KRW 1,285,750.

Around December 2015, the Defendant agreed to pay KRW 160 million to the Deceased by December 16, 2015.

The deceased’s birth E renounces his inheritance, and the same heir of the deceased is the only heir of the deceased.

[Reasons for Recognition] No. 1-6, 7, 2, 4, 10 evidence (including provisional number), 8-2, and 8-2 of each of the instant cases, the Defendant is obligated to deliver the instant vehicles to the Plaintiff by the deceased’s heir in accordance with the above agreement.

The defendant is obligated to pay the deceased's heir the agreed amount of KRW 160,000,000 and damages for delay.

The plaintiff asserts that, prior to the plaintiff's assertion of the above agreed amount, the deceased lent a total of KRW 160 million to the defendant several times, and that the defendant is obligated to pay the plaintiff a loan of KRW 160 million to the heir of the deceased and the delay damages.

However, it is not enough to prove the fact of lending only with the descriptions of Gap Nos. 4, 7, and 10 (including paper numbers).

The plaintiff's assertion in this part is correct.

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