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(영문) 대전지방법원천안지원 2016.08.10 2016가단246
손해배상(기)
Text

1. The Defendants jointly and severally liable to the Plaintiff KRW 34,826,547 as well as Defendant B with respect thereto from April 13, 2016; and Defendant C with respect to the said amount.

Reasons

1. Indication of claim;

A. On October 8, 2014, the Defendants concluded a contract for the transfer and takeover of a vehicle between the Plaintiff and the Plaintiff to bear all expenses, such as the transfer of the used vehicle purchased under the Plaintiff’s name and its installment, interest, etc.

B. The plaintiff delivered the automobile purchased in the name of the plaintiff to the defendants, but the defendants did not bear any installment and interest.

C. The Plaintiff paid KRW 31,50,023 in installments, and paid KRW 22,00,000 in installments by selling the relevant used vehicle at KRW 22,00,000,00, and additionally paid KRW 4,448,517 in shortage, and paid KRW 2,080,370 in automobile tax, automobile insurance premium, etc.

The Defendants are jointly and severally liable to pay to the Plaintiff KRW 38,028,910 (=31,500,023 Won 4,448,517 Won 2,080,370) as damages for nonperformance of the above transfer contract.

2. Applicable provisions;

(a) Defendant B: Article 208(3)3 of the Civil Procedure Act (a)

(b) Defendant C: Article 208(3)2 of the Civil Procedure Act (a judgment made by a person who is deemed as a confession);

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