1. The defendant shall be the plaintiff.

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

(b) pay 10,000,000 won;

2...

1. The Plaintiff’s claim for delivery of the motor vehicle indicated in the attached list (hereinafter “instant motor vehicle”) and the part claiming damages equivalent to the fine for negligence

A. On September 30, 2010, the Plaintiff sent to C an automobile listed in the separate sheet owned by the Plaintiff (hereinafter “instant automobile”) as security and borrowed KRW 5 million.

However, as of the date of closing argument of this case, the Defendant is obligated to deliver the instant vehicle to the Plaintiff.

In addition, the Defendant violated traffic regulations while driving the instant motor vehicle. Accordingly, as of July 22, 2014, the Defendant imposed an administrative fine of KRW 10,538,460 on the Plaintiff as of July 22, 2014, and the Plaintiff suffered damages equivalent to the said amount.

Therefore, the defendant is obliged to pay the plaintiff the amount of damages equivalent to KRW 10 million out of the above administrative fine.

(b) Article 208 (3) 3 of the Civil Procedure Act of the applicable provisions of Acts;

2. The plaintiff's claim for consolation money

A. The plaintiff asserts that the defendant suffered emotional distress due to illegal operation of the automobile of this case, and therefore, he is obligated to pay consolation money of 2 million won to the plaintiff.

On the other hand, in general, in a case where a property right has been infringed by a tort of another person, mental suffering shall be deemed to have been recovered from the compensation for such property damage, and in case where a property damage has occurred which cannot be recovered from the compensation for property damage, it can be recognized as consolation money for such damage only if the perpetrator knew or could have known such circumstance as a special circumstance. In this case, in light of the fact that the plaintiff was entrusted to C for the purpose of securing the motor vehicle in this case, the amount of property damage suffered by the plaintiff and its cause, etc., the mental suffering is also deemed to have been recovered from the compensation for property damage.