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1. The Defendant (Counterclaim Plaintiff) shall deliver to the Plaintiff (Counterclaim Defendant) the motor vehicle indicated in the separate sheet.
2...
Reasons
On November 9, 2015, the Plaintiff offered the instant vehicle as security from the Weather loan C (referring to a tentative name, a person who has failed to receive the name; hereinafter referred to as “C”) to the lender, and borrowed the instant vehicle at an interest rate of 2% per month and on November 9, 2016 (hereinafter referred to as “the instant loan”) (hereinafter referred to as “the instant loan”).
The Plaintiff provided a motor vehicle registration certificate, a motor vehicle transfer certificate (for direct transaction by the transferor), a vehicle abandonment certificate, a certificate of seal impression, etc. concerning the motor vehicle of this case as a security document for the motor vehicle of this case.
On December 4, 2015, the Plaintiff repaid C the principal of KRW 7,500,000, interest of KRW 210,000,000, as principal and interest on the instant loan.
On November 12, 2015, the Defendant purchased the instant vehicle from the person who was named as D, and received the agreement on vehicle security regarding the instant loan from D, the cash receipt certificate prepared by the Plaintiff, the certificate of loan, and the registration certificate on the instant automobile, the certificate of vehicle transfer (for direct transaction by the transferor), the certificate of vehicle waiver, and the certificate of personal seal impression.
On August 12, 2016, the Defendant asserted that the Defendant acquired the claim for the loan of this case on November 12, 2015 through the preparatory documents, and the said preparatory documents were served on the Plaintiff on August 19, 2016.
[Grounds for recognition] A without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 through 8, appraiser E's appraisal result, the parties' assertion and judgment of the overall purport of the pleadings (the main claim and counterclaim are examined as well). Since the defendant purchased the instant automobile from a person without authority, he/she could not acquire ownership of the instant automobile, and the defendant asserted that he/she acquired the right to transfer the instant automobile by acquiring the instant borrowed loan claim, even if the plaintiff asserts that he/she acquired the right to transfer the instant automobile by transferring the instant borrowed loan claim.