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(영문) 서울서부지방법원 2018.04.06 2017나3370
손해배상)
Text

1. The plaintiff's appeal and the plaintiff's claim expanded in the trial are all dismissed.

2. After filing an appeal.

Reasons

1. Facts of recognition;

A. On December 16, 2014, the Plaintiff and the Defendant entered into a contract on consignment management (hereinafter “instant contract”) with the content that: (a) the Plaintiff reverted the ownership of a vehicle B 24 tons of Korea (hereinafter “instant vehicle”) to the Defendant; (b) delegated the management and operation right of the instant vehicle from the Defendant; and (c) would pay KRW 100,000 out of monthly revenue to the Defendant.

B. After the change of the representative of the Defendant around September 2015, the Defendant demanded the Plaintiff to pay 400,000 won in addition to 10,000,000 won out of monthly revenue. Accordingly, the Plaintiff did not respond to the Plaintiff’s claim for the payment of the payment of the payment of the payment for the payment for the payment of the payment for the payment for the payment for the payment of the payment for the payment for the payment for the payment of the payment for the purchase fee, around March 15, 2016 and around March 28, 2016, the instant contract was terminated due to the Plaintiff’s income and the late payment for the payment for the payment for the purchase fee, and thereafter, the Defendant required the Plaintiff to return the registration number plate attached to the instant vehicle (hereinafter “instant registration number plate”) granted by the competent authority and then requested the Plaintiff to return

C. On April 10, 2016, the Defendant arbitrarily removed the instant registration number plate from the Plaintiff on the ground that the Plaintiff continued to operate the instant vehicle without attaching the instant registration number plate even though the Plaintiff did not pay the income and rent, and the Plaintiff was unable to operate the instant vehicle during the said period.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 4 through 7, Eul evidence 1 (including each number), the purport of the whole pleadings

2. Determination

A. The Defendant’s arbitrary recovery of the registration number plate of this case from the Plaintiff to prevent the Plaintiff from operating the instant vehicle constitutes a tort against the Plaintiff.

For this,

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