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(영문) 대전지방법원 천안지원 2021.02.16 2019가단10565
손해배상
Text

The defendant is 5% per annum from December 25, 2019 to February 16, 2021 to the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff was changed to D on September 6, 2012, and E on December 20, 2013, while the first vehicle number was C, and changed to E on December 20, 2013.

With respect to Non-Party F Company F (former trade name was changed to Limited Company G, February 20, 2012, and changed to H’s trade name on July 18, 2012) with respect to the instant vehicle “before and after the instant vehicle number” (hereinafter “instant land entry contract”).

B. On September 5, 2013, the Plaintiff requested the Defendant to repair the instant vehicle, and the Defendant completed the repair of the instant vehicle. The repair cost claim amounting to KRW 7,400,000 (hereinafter “instant repair cost claim”) or the Defendant did not receive the repair cost up to the closing date of pleadings.

(c)

Limited Company F filed a lawsuit against the Plaintiff for the registration of ownership transfer on the ground of the termination of the instant land entry contract. On September 6, 2013, Daejeon District Court 2013Ga 27098, the Daejeon District Court issued a limited company F, “CF” with respect to the instant vehicle, the procedures for the cancellation of the registration of mortgage creation (the mortgagee I and the bond value of KRW 180 million) established on February 24, 2012 were followed. At the same time, the Plaintiff was decided to recommend the Plaintiff to accept the procedure for the registration of ownership transfer on the instant vehicle from the F of the limited company F on the ground of the termination of the instant land entry contract as of the date on which the recommendation for settlement became final and conclusive, and the said recommendation was finalized on September 28, 2013.

(d)

On September 16, 2013, Daejeon District Court 2013, the Plaintiff filed an individual rehabilitation application (hereinafter “instant rehabilitation procedure following the above rehabilitation application”) with the competent Daejeon District Court 44975, and the Defendant reported the instant repair expense claim as a rehabilitation claim in the instant rehabilitation procedure.

The Plaintiff was granted decision to grant immunity on June 17, 2019 in the instant rehabilitation procedure (hereinafter “instant decision to grant immunity”).

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