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(영문) 부산지방법원 2015.02.10 2014가단7281
손해배상(기)
Text

1. The defendant

(a) completed December 5, 2013 with respect to the motor vehicles listed in the separate sheet C.

Reasons

1. Determination on the cause of the claim

A. The plaintiff is the owner of the motor vehicle listed in the attached list (hereinafter referred to as the "motor vehicle of this case"), and the defendant is the person who operates F in subparagraph (e) of the motor vehicle transaction complex in Busan-gu D.

(2) On September 2013, the Plaintiff asked H, who had worked as the head of the G business office of a two vehicles company, to find out the purchaser of the instant vehicle in order to sell and purchase the instant vehicle.

(3) Accordingly, H requested the sales of the instant vehicle to I, who is an employee of the Defendant’s automobile sales company, and the Defendant decided to purchase the instant vehicle at KRW 19 million.

(4) On October 7, 2013, H received a certificate of the Plaintiff’s personal seal impression, vehicle registration certificate, and the instant automobile from the Plaintiff.

(5) On October 7, 2013, the Defendant received the Plaintiff’s certificate of automobile transfer (Evidence No. 3), the delegation letter of automobile transfer (Evidence No. 4), the Plaintiff’s certificate of personal seal impression (Evidence No. 5), and the Plaintiff’s certificate of automobile registration (Evidence No. 6) along with the instant automobile from H on October 7, 2013. The Plaintiff’s seal was not affixed on the delegation letter of automobile transfer and the automobile transfer certificate.

(6) On October 7, 2013, the Defendant remitted KRW 18.9 million out of the instant vehicle sales price to the H’s account.

(7) The Plaintiff came to contact after H’s delivery of the instant vehicle, and came to know that the Defendant occupied the instant vehicle while identifying the location of the instant vehicle, and that on December 5, 2013, the Defendant would recover the instant vehicle as it is a stolen vehicle.

(8) The Defendant, who heard the talks about the above Paragraph (7) from the Plaintiff, immediately created a seal under the Plaintiff’s name, affixed the seal of the Plaintiff’s name on the delegation letter of automobile transfer (Evidence A6) and completed the registration of the transfer of ownership of the instant vehicle. As of the date of closing argument of the instant case, the Defendant occupied the instant vehicle as of the date of closing argument.

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