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(영문) 청주지방법원제천지원 2020.06.03 2019가단20289
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On November 9, 2016, the Plaintiff entered into an entrustment contract with C (hereinafter “C”) with the content that the Plaintiff invested in kind a motor vehicle of X-ray D (hereinafter “instant motor vehicle”) and that C entrusts the Plaintiff with the operation of the transportation business utilizing the instant motor vehicle.

Accordingly, C completed the transfer of ownership on the instant vehicle on the same day.

However, the actual owner of the instant vehicle is E who is the husband of the Plaintiff, and E has concluded the said entrustment contract under the name of the Plaintiff.

(hereinafter referred to as "Plaintiff" without specifically distinguishing the Plaintiff and E. (hereinafter referred to as "Plaintiff").

On January 2018, the Plaintiff entrusted F with the sale of the instant vehicle in KRW 140,00,000.

C around that time, upon the Plaintiff’s consent and request, prepared and delivered documents related to the registration of transfer of ownership of the instant vehicle to F.

It is difficult for C to accurately specify the date on which C prepares and delivers documents related to the transfer registration of ownership of the instant vehicle to F upon the Plaintiff’s consent and request.

However, the plaintiff is prepared and delivered by the F for the documents related to the above transfer of ownership, and the F on the day F on which the documents were prepared and delivered by the F is as follows:

Since it is argued to the effect that the documents related to the registration of mortgage creation as stated in the port were forged (However, the entry of the evidence No. 5 alone is insufficient to prove the above assertion of forgery), at least before March 7, 2018, documents related to the above transfer of mortgage were prepared and delivered.

Furthermore, in light of the fact that B’s application for the loan of the instant vehicle on February 5, 2018 stated that a mortgage is created on the instant vehicle and the application for the loan was made on February 6, 2018, the following day, and that the loan was made upon the above loan application of G on February 6, 2018, the F has already been conducted on or before February 5, 2018.

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