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Reasons
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(영문) 수원지방법원 2016.11.10 2016가단9021
손해배상(자)
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1. The Defendant: (a) KRW 22,488,847 to the Plaintiff; and (b) KRW 5% per annum from July 22, 2016 to November 10, 2016 to the Plaintiff.

Reasons

1. Determination as to the cause of claim

A. Fact 1) C and D are the E-Vehicle on November 8, 2013 (hereinafter “instant vehicle”).

(1) The Plaintiff registered the transfer of ownership in the name of the Plaintiff, and the said vehicle as security is borrowed on the condition that KRW 29,900,000 from Hyundai Capital Co., Ltd., Ltd., the obligor, pay a certain amount in installments each month from December 25, 2013 to December 1, 2016 (hereinafter “the instant loan”).

(2) The Defendant began to operate the instant vehicle upon delivery from C and D around November 2013.

On June 18, 2014, the Defendant prepared a letter stating that “The Defendant shall keep the instant vehicle in custody, bear the Defendant from June 2014, and, by July 30, 2014, promises to transfer the name of the instant vehicle after temporary payment, regardless of the succession to the installment of the instant loan,” and deliver it to the Plaintiff.

3) The Plaintiff continued to pay the installment of the instant loan. On April 28, 2015, the Defendant filed a lawsuit (U.S. District Court Decision 2014Da110310) with the purport that “The Defendant shall deliver the instant vehicle to the Plaintiff. When the delivery of the said vehicle is impossible, the Defendant shall pay the Plaintiff the amount calculated at the rate of 21.58% per annum from November 8, 2013 to the date of full payment.” The Defendant filed a lawsuit (U.S. District Court Decision 2014Da110310) with the content as follows (hereinafter “instant conciliation”).

1. The Defendant shall pay KRW 1,124,950 to the Plaintiff by May 1, 2015.

2. By May 29, 2015, the Defendant shall be paid KRW 14,361,890 to the Plaintiff at the same time with respect to the instant vehicle by May 29, 2015, and KRW 7,000,000 among them shall be paid until May 15, 2015, and KRW 7,361,890 shall be paid until May 29, 2015.

3. The Plaintiff is from the Defendant until May 29, 2015.

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