beta
Text
1. Defendant B, C, and D jointly share KRW 120,00,000 with respect to the Plaintiff, and the period from January 23, 2017 to March 15, 2019.
Reasons
1. Facts of recognition;
A. On January 2017, the Plaintiff received from Defendant B a bid for a motor vehicle indicated in the separate sheet (hereinafter “instant motor vehicle”), which is the previous owner of the instant motor vehicle, from Defendant B, and received the instant motor vehicle by sending KRW 40 million to Defendant B’s account under the J’s name, to Defendant B’s transfer KRW 13 million on January 25, 2017.
B. Upon receipt of the request from Defendant C to borrow money, Defendant C proposed to obtain a loan using the instant vehicle. Defendant C cannot obtain the transfer of ownership in its own name and requested the Defendant D to obtain the transfer of ownership, thereby borrowing KRW 70 million from Defendant G Co., Ltd. (hereinafter “Defendant G”) on January 16, 2017, and completed the transfer of ownership on January 17, 2017 under Defendant D’s name.
C. On January 17, 2017, Defendant D transferred the ownership of the instant vehicle and completed the registration of creation of a collateral security right of KRW 14 million with the claim value of KRW 14 million to Defendant G. On January 24, 2017, Defendant H (hereinafter “Defendant H”) borrowed KRW 50 million from Defendant H (hereinafter “Defendant H”) and completed the registration of establishment of a collateral security right of KRW 50 million with the claim value of KRW 50 million on the same day.
Defendant C and D promised the Plaintiff to return the name of the instant vehicle to the Plaintiff as the first police officer on October 2017, and completed the registration of transfer of ownership on October 10, 2017 in the name of the Plaintiff.
E. Defendant B was sentenced to eight months of imprisonment on June 20, 2018 for the crime that acquired by deception the instant vehicle price of KRW 53 million from the Plaintiff.
(Reasons for Recognition) The fact that there is no dispute over the Seoul Northern District Court 2017 Height5197. [Ground for Recognition], the entries in Gap 1 through 6, 8, 13 (including the serial number) and the purport of the whole pleadings.
2. Defendant B, C, and D, who conspireds with the Plaintiff, deceivings the Plaintiff to acquire the ownership of the instant vehicle and transfer the ownership of the instant vehicle to the successful bid price.