logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 안동지원 2018.03.23 2016가단4884
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On June 2013, the purport of the Plaintiff’s assertion: (a) the Plaintiff entered into a title trust agreement with the Defendant on the instant motor vehicle indicated in the separate sheet (hereinafter “instant motor vehicle”); (b) the Plaintiff’s spouse, who is the spouse of de facto marital relationship, and (c) transferred the instant motor vehicle to the Defendant; (d) the Defendant refused to transfer the name despite the Plaintiff’s declaration of termination of title trust; and (e) committed the following unlawful acts; and (e) the Plaintiff’s total amount of KRW 27,954,860 [1,50,050 (1,50,000 x 7 months + local taxes + local taxes + KRW 81,460 + KRW 460,505,500 arising from the Plaintiff’s failure to use the instant motor vehicle] + the amount of KRW 27,954,860,50,500 (1,500,000) due to the Plaintiff’s failure to use the instant motor vehicle.

Therefore, the defendant is liable to compensate the plaintiff for the above KRW 27,954,860.

① On October 1, 2014, the Defendant concealed the instant vehicle around September 1, 2016 (around October 1, 2014, it is deemed that the Defendant alleged the concealment on the date stated in the summary order of evidence A No. 3) and September 2016.

② The Defendant filed an application to stop the operation of the instant motor vehicle and kept the number plate in custody, thereby making the Plaintiff unusable the instant motor vehicle for seven months.

③ The Defendant refused to grant approval as a title holder of liability insurance, and caused the Plaintiff to incur damages equivalent to fines for negligence due to the violation of the Guarantee of Automobile Accident Compensation Act.

④ The Defendant incurred damages equivalent to KRW 15 million, which is the secured debt, by creating a mortgage on the instant automobile with the Defendant and the mortgagee D.

2. Determination

A. Comprehensively taking account of the purport of the entire pleadings in the statement No. 1 of title trust No. 1, the Plaintiff and the Defendant via C through C.

arrow