(영문) 울산지방법원 2015.01.14 2014나1409 | 리걸엔진

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(영문) 울산지방법원 2015.01.14 2014나1409

대위변제금

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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. The decision of the court of first instance is in accordance with paragraph 1.

Reasons

1. Basic facts

A. On February 21, 2005, the Plaintiff borrowed KRW 2 million from the Defendant (hereinafter “the instant loan”). Around February 21, 2005, the Plaintiff transferred to the Defendant documents necessary for the registration of transfer of ownership of the Plaintiff C (hereinafter “D”) rocketing passenger car (hereinafter “the instant automobile”) for the purpose of securing the Defendant, and created a mortgage on the instant automobile with the claim amounting to two million won under the name of the Defendant.

B. Around October 2005, the Defendant, who did not pay interest on the instant loan, was in receipt of the instant vehicle from the Plaintiff to obtain satisfaction of the claim by disposing of the instant vehicle (hereinafter “instant contract”), and thereafter, is operating the instant vehicle in Rona Co., Ltd., Ltd., Loena (hereinafter “Nei”), Inc., Ltd., the Defendant served as an employee.

C. On March 28, 2008, the Plaintiff filed a lawsuit for the registration of the transfer of ownership of the instant automobile against the Defendant, who did not have the right to transfer the ownership of the instant automobile by the U.S. District Court Decision 2007Da36727, and was sentenced by the above court on March 28, 2008 to the effect that “the Defendant shall take over the transfer registration procedure for the instant automobile from the Plaintiff on February 21, 2005,” and the said judgment became final and conclusive around that time, and the Plaintiff paid KRW 54,800 as the transfer registration cost of the instant automobile while transferring the ownership of the instant automobile under the Defendant’s name on May 6, 2008.

On the other hand, at the time when the Plaintiff transferred the instant vehicle to the Defendant, the Plaintiff unpaid medical insurance premiums of KRW 1,978,100, and unpaid fines of KRW 410,000,00,000,000,000,000,000,000 for violation of speed, and KRW 5,28,840,00,000,000,000 for the instant vehicle, the instant vehicle was seized by the National Health Insurance Vice-Governor, Ulsan-gu Transport Department, and the Ulsan Central

(b).

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