logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2017.06.14 2016나11507
약정금등
Text

1. Of the part against the defendant in the judgment of the court of first instance, the part against the plaintiff ordering payment below.

Reasons

1. Basic facts

A. 1) The Plaintiff: (a) on December 6, 2012, G (former No. 2000, L: hereinafter “instant franchise vehicle”) with the aim of remaining profit-making by selling after purchasing and repairing the accident-free vehicle; and (b) the Plaintiff’s franchise vehicle (hereinafter “instant franchise vehicle”).

On December 14, 2012, the Plaintiff purchased the Plaintiff’s purchase. On December 14, 2012, the Plaintiff registered the transfer of ownership in the name of “M” rather than its own name for the convenience of sale and purchase. However, upon the closure of Ma, the Plaintiff was jointly Defendant B (hereinafter “B”) of the first instance court on May 6, 2013.

(2) On August 28, 2013, the Plaintiff registered the transfer of ownership in the name of the Defendant who operates the instant franchise vehicle in the name of “H”, and around that time, the Plaintiff transferred the instant franchise vehicle in the name of I without the Plaintiff’s permission, and on August 29, 2013, the Plaintiff created a mortgage on the said franchise vehicle with the amount of claim KRW 12,50,000,000, while obtaining a loan from Hyundai Capital Capital Co., Ltd. on August 29, 2013.

B. 1) On August 9, 2013, the Plaintiff was the EK3 vehicle introduced by B for the same purpose as the instant brand on August 9, 2013 (hereinafter “instant K3 vehicle”).

On August 14, 2013, B purchased the shares, and registered the transfer of ownership in the name of the Defendant on August 14, 2013, B registered the transfer of ownership. 2) On August 30, 2013, B registered the transfer of ownership with the co-defendant C of the first instance trial without the Plaintiff’s permission, and granted a loan from Hyundai Capital Co., Ltd. on September 3, 2013, B created a mortgage at KRW 9,00,000 on the said K3 vehicle.

3 The Plaintiff sold the instant K3 vehicle to F on December 10, 2013 and completed the ownership transfer registration.

However, the F resisted the fact that the mortgage was established on the above vehicle, and on September 12, 2014, the F subrogated the secured debt of KRW 7,719,763 and cancelled the mortgage.

C. B’s criminal punishment is transferred to the Defendant’s name, such as the above A and B, and the Plaintiff.

arrow