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(영문) 인천지방법원 2019.07.18 2017가단40060
사취금
Text

1. The Defendant shall pay KRW 39,720,00 to the Plaintiff the annual interest rate of KRW 15% from October 28, 2017 to the day of full payment.

Reasons

1. Basic facts

A. The Defendant, as a used vehicle with a motor vehicle sea, has been engaged in the transaction of used vehicle security loan through the Plaintiff, a partner company of the capital company, which provides vehicle security loan from March 2016.

B. C around September 2017: (a) intended to sell the NAS vehicle to the Defendant and purchase the NAS vehicle instead of the Defendant, and (b) intended to purchase the NAE vehicle as security, and (c) intended to offer it as security.

C. Accordingly, the Defendant paid the principal of the mortgage on the NAVS vehicle so that the secured loan on the NAV vehicle can be made, and then requested the Plaintiff to offer a security loan on the NAV vehicle.

After confirming the limit on loan amount of a vehicle to be secured by the Plaintiff through a capital company, the Plaintiff first remitted KRW 49,720,000 to the Defendant on September 22, 2017, before receiving a loan from the capital company.

E. The Defendant, while purchasing the NAS vehicle, remitted 48,680,000 won remaining after deducting the money additionally paid by the Defendant to C.

(f) C, unlike its commitment, did not purchase benz vehicles with the said money, and accordingly did not provide the Defendant with documents necessary for the establishment of security.

G. On September 30, 2017, the Defendant returned KRW 10,000,000, out of the money remitted to the Plaintiff.

H. C was prosecuted on July 2, 2018 for the following criminal facts and was convicted in the Incheon District Court Decision 2018 Godan854, 1184 (Joint) and 1533 (Joint).

On September 22, 2017, the Defendant stated that “The Defendant would purchase and offer as security a benz by phone calls from the victim B who works for a motor vehicle with the driver of the motor vehicle. In order to purchase the fenz motor vehicle at the Denz motor vehicle instead of selling and selling it to the fenz motor vehicle. If the Defendant would first receive and send an installment loan by inquiring of the fenz motor vehicle with the client(s).”

However, it is true.

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