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(영문) 서울중앙지방법원 2017.04.14 2015가합544052
자동차인도 청구의 소
Text

1. The Plaintiff, Defendant B Co., Ltd., 40,508,560 won, and Defendant Matasia Social Services Korea.

Reasons

1. Facts of recognition;

A. The Plaintiff’s payment of the insurance money to Defendant B Co., Ltd. (hereinafter “Defendant B”), and Defendant Quaz Korea Co., Ltd. (hereinafter “Defendant Quasz.”), 1) on May 6, 2013, the Plaintiff is the Plaintiff’s automobile with Defendant B, which was owned by the Plaintiff’s Muasts S 500L 4 Matz Blus (hereinafter “instant automobile”).

As to Defendant B, the insured period from May 6, 2013 to May 6, 2014, the insurance contract for LIG passenger cars (hereinafter “instant insurance contract”) with the content of Defendant B’s insured status as Defendant B’s insurance contract, the coverage period of which is 1 personal compensation, 2 personal compensation, and 200 million won per total accident), personal physical accident, and self-motor vehicle damage (142,780,000 won per vehicle subscription amount, and 30% of losses).

2) The non-party D made a call to E to sell the instant vehicle on the Bolim Internet website by reporting written items posted by Defendant B’s representative director E to sell the instant vehicle, and the non-party D intended to buy the instant vehicle to KRW 20 million.

3) On November 15, 2013, E reported that the instant vehicle was stolen to the Busan Police Station, and the content thereof stated that “Defendant B’s staff F sold the instant vehicle in front of the Ildong apartment located in Busan-dong, Busan-dong, the Plaintiff paid KRW 98,271,440, and KRW 40,508,560, respectively, to Defendant B on November 2, 2014, as the insurance money for self-vehicle damage caused by the theft under the instant insurance contract.”

B. The instant automobile possessed by Defendant A, once it was seized at the Busan Jin Police Station for the purpose of investigation, has been returned to Defendant A, and is currently in possession of the said Defendant.

[Reasons for Recognition] There is no dispute, Gap evidence 1 to 8.

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