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(영문) 부산지방법원 2018.01.31 2015가합50074
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 or around February 10, 2009, the Plaintiff and C Co., Ltd. (hereinafter “C”) entered into an agreement between the Plaintiff and C on consignment between the Plaintiff and C with the commission of installment financing and general loan mediation, etc., and C shall pay the Plaintiff fees therefrom (hereinafter “instant agreement on consignment of business affairs”).

A) Around that time, C performed C’s loan brokerage business. (2) Under the instant consignment agreement, the Plaintiff agreed to immediately return C the principal and interest of the loan, etc. when the Plaintiff did not perform its duty after performing the loan on the premise that C’s vehicle transfer of ownership and establishment of a security with the top priority order.

(Article IX(1)(8). (b)

On October 21, 2015, the Defendant, including the execution of the instant loan, provided D and D dump trucks (hereinafter “each of the instant dump trucks”) as collateral by the Plaintiff’s brokerage, and completed the registration of ownership transfer on November 12 of the same year with respect to each of the instant dump trucks with loans of KRW 260 million (i.e., KRW 130 million x 2) (hereinafter “instant loan”); and completed the registration of mortgage transfer on the same day with respect to each of the instant dump trucks with the value of claims KRW 91 million each on the same day, and completed the registration of mortgage creation with respect to each of the above dump trucks with the value of claims KRW 39 million each on December 9, 2015.

C. On the other hand, the Plaintiff’s subrogation on each of the instant dump trucks was registered as G Co., Ltd. (hereinafter “G”), and the debtor D on June 8, 2015, respectively. However, on November 20, 2015, the Plaintiff subrogated for KRW 237,506,316, and revoked the registration of the said mortgage creation.

[Ground of recognition] The facts without dispute, Gap evidence 1-1 to 3, Gap evidence 2, 3, 5, Gap evidence 6-12, 13, Eul evidence 3, 12, and 14 are all the arguments.

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