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(영문) 서울동부지방법원 2017.04.14 2016가단16130
손해배상(기)
Text

1. Defendant B’s KRW 13,598,00 for the Plaintiff and KRW 5% per annum from May 31, 2016 to April 14, 2017.

Reasons

1. Basic facts

A. On February 11, 2011, the Plaintiff entered into a car operation lease agreement (hereinafter “the instant lease agreement”) with 32,165,00 won in a lease deposit, monthly lease fee of KRW 36 months, monthly lease fee of KRW 1,982,70 (1~35 times), 2,238,273 (36 times) on the part of the company, i.e., e., Car number D, and lerobert diesel vehicle (hereinafter “instant vehicle”).

B. The Plaintiff permitted her husband E to use the instant vehicle, and E, while using the instant vehicle, on June 4, 2015, transferred the instant vehicle to Defendant B as collateral and borrowed KRW 22.5 million from Defendant B.

(hereinafter “instant loan”).

C. Around August 12, 2015, Defendant B sent to the Plaintiff a certificate of content that “In the event that it is not resolved, Defendant B demanded the Plaintiff to settle the money borrowed until August 17, 2015, and withdrawal of all measures, such as assignment of claims, as a creditor, if not resolved,” and the said certificate was served on the Plaintiff on August 13, 2015.

Defendant B sent a Hand-phone text message to the effect that Defendant B received KRW 26 million from G on August 27, 2015, and delivered the instant vehicle to G. On August 31, 2015, Defendant B sent a Hand-phone text message to the effect that “The claim for the instant loan was transferred at KRW 26 million.”

E. On September 8, 2015, the Plaintiff sent a written notification demanding F to “a loan without identification is null and void and return the instant vehicle to the Plaintiff.”

F. On the other hand, on May 2016, Mountain Capital revoked the instant lease agreement on the ground that it transferred the Plaintiff without permission to a third party, without permission, a third party’s unauthorized use, and the provision of security to a third party.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, 10 (including each number), Eul evidence 1, 2, 8, 9, the purport of the whole pleadings

2. The Plaintiff’s assertion E as the cause of the claim is that of the instant vehicle to the Defendants without permission from the Plaintiff following the Plaintiff.

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