beta
Text
The Defendants jointly share KRW 29,917,666 with respect to the Plaintiff and KRW 5% per annum from December 29, 2018 to November 27, 2020.
Reasons
1. Basic facts
A. On January 1, 2016, the Plaintiff entered into a contract for liability insurance for local government public officials (hereinafter “instant insurance contract”) between DD and DD Mutual-Aid Association with the period of coverage from January 1, 2016 to December 31, 2016.
B. On June 26, 2013, Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd”) purchased BMW 520D F10MY13 Motor Vehicles (E; hereinafter “the instant motor vehicle”) and agreed to pay 37,170,000 won to F Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) for 36 months as to the installment payment, and created and registered a mortgage (hereinafter “the instant mortgage”) with respect to the instant motor vehicle at KRW 37,170,000 for securing the installment payment (hereinafter “the instant mortgage”).
C. From September 10, 2013, the Defendant Company lost the benefit of time due to delay in the payment of installments from around September 10, 2013. Nonparty Company transferred all rights, such as installment financing agreement and mortgage to G Co., Ltd. (hereinafter “G”) on July 15, 2015, and notified the Defendant Company of the transfer through delivery of a copy of the complaint in the relevant civil procedure as follows.
Defendant B was registered as the representative director of the Defendant Company from June 16, 2014 to April 6, 2015. However, the Defendant Company discontinued its business on August 22, 2014, and the license was revoked accordingly, and the registration of the instant automobile was revoked ex officio upon commission on March 23, 2015. The instant registration of the mortgage was also revoked.
E. Meanwhile, the instant motor vehicle was transferred to H on October 28, 2015, and Pyeongtaek-gun completed the restoration registration (transfer) of the instant motor vehicle under the name of H, an employee of H, and thereafter, the instant motor vehicle was transferred before the transfer.
However, according to the relevant provisions of the Automobile Management Act, which had been enforced at the time of the application for the above restoration registration of the instant automobile, the consent of the third party with an interest in the registration is given.