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1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
Reasons
1. Basic facts
A. On May 23, 2011, E purchased a medium and high-speed passenger car (hereinafter “instant passenger car”) and completed the ownership transfer registration in its name, and around January 2012, E sold the instant passenger car to the Plaintiff without the ownership transfer registration.
B. The instant car is the vehicle released on May 10, 2006, and the ex-factory price was KRW 276,800,000 (excluding value-added tax), but E purchased the vehicle in KRW 120,000,000, and at the time of acquisition, the odometer was 92,331km.
C. On November 3, 2012, while the Defendant lent the instant car from the Plaintiff on November 3, 2012, the instant car was parked in the White-dong parking lot in Busan Shipping Daegu, and the driver’s seat was opened on November 4, 2012, and the collision accident occurred with D Sejong-ro car (hereinafter “the instant other vehicle”) which was left left at the nearby place (hereinafter “the instant accident”). Accordingly, the driver’s seat of the instant car was destroyed.
Samsung Fire Insurance Co., Ltd., the insurance company of the other party to the instant vehicle (hereinafter “Tsung Fire”) calculated the repair cost of the instant vehicle as KRW 47,441,020 due to the instant accident, and the ratio of the negligence on both sides to KRW 80% (the other party to the instant vehicle) and KRW 9,480,000 (= KRW 47,441,020 x 20% x below 10,000), respectively, paid to E the repair cost to the Plaintiff on January 2, 2013 (= KRW 47,441,020 x less than 10,000).
E. Meanwhile, on June 1, 2012, prior to the occurrence of the instant accident, the instant passenger car had contacted with the H passenger car driven by G (hereinafter “instant preceding accident”), and damaged the back part of the instant passenger car, gate, back door, wheelchairs, etc., and the said H passenger car driver’s negligence was 100%, and KRW 5,200,000 was paid to the Plaintiff for repair costs.
F. On March 9, 2016, the Plaintiff did not have the instant passenger car as of March 9, 2016, and in the register of automobiles of this case.