(영문) 서울서부지방법원 2017.10.24 2016가단238437

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(영문) 서울서부지방법원 2017.10.24 2016가단238437

손해배상(기)

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1. The defendant shall be the plaintiff.

(a) deliver a motor vehicle listed in the separate sheet;

(b) KRW 22,183,890 and as regards these, 22,186.

Reasons

Facts of recognition

A. On September 17, 2013, the Plaintiff is a registered titleholder whose ownership transfer registration is completed with respect to CMW X53.0d vehicles listed in the [Attachment List] (hereinafter “instant vehicle”).

B. 1) Nonparty D, E, around August 2013, planned that the Plaintiff engage in a used car sales business by creating a used car sales complex, and it is necessary to secure a large number of used cars. For three months, if the Plaintiff borrowed the name of a motor vehicle, he/she purchases used cars, and the expenses incurred therefrom will be borne by D and E, and transfer the name to another person within three months, by deceiving the Plaintiff, to receive necessary documents, such as identification cards, certificates of personal seal impression, etc., and purchased the instant vehicle with the Plaintiff as the lender, and completed the registration of the Plaintiff in the future. 2)D and E were charged with the fact that the Plaintiff purchased the instant vehicle as the borrower and used it for a personal purpose. Since then, the instant vehicle was delivered to the Defendant under the name of the Plaintiff, etc., and thereafter, the Defendant was from December 2, 2013 to the date of possession and use of the said vehicle.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 6, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion is obligated to deliver the instant vehicle to the Plaintiff, who is the owner of the vehicle, and to pay KRW 24,379,724 in total as unjust enrichment or damages for 46 months from November 2013 to August 2017, including: (a) KRW 19,882,764 equivalent to the rent for the said vehicle for 46 months; (b) KRW 720,00 of the special value of the vehicle; and (c) local tax (tax (automobile tax) KRW 1,783,280 of the said vehicle; (d) local tax imposed on the Plaintiff in relation to the said vehicle; (e) KRW 1,879,40 of the fine for negligence; and (e) KRW 114,240 of the fine).

B. The defendant's assertion is not the owner of the vehicle, and even if not, the defendant lends 25 million won to F to the plaintiff.

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