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(영문) 대전지방법원 2020.11.11 2019나5459
손해배상(자)
Text

The plaintiff's appeal and the claim that changed the exchange in this court are all dismissed.

The plaintiff's total costs of litigation.

Reasons

1. Basic facts

A. A. On February 2, 2012, the Plaintiff sold Cone Star Vehicles (hereinafter “instant vehicle”) to the Defendant for KRW 3,50,000.

At the time when the Plaintiff sells the instant vehicle, the right to collateral security was established for the obligee D Co., Ltd., the obligor, the maximum debt amount of KRW 4 million.

B. On February 2, 2012, the Defendant sold the instant vehicle to a third party without registering the transfer of ownership in the name of the Defendant (hereinafter “instant illegal act”). Accordingly, on February 18, 2013, the Defendant received a summary order of KRW 1 million as an offense of violating the Automobile Management Act.

On April 2, 2013, the above summary order was finalized on April 2, 2013.

C. On May 10, 2013, the Plaintiff filed a lawsuit against the Defendant seeking the acquisition of the procedure for the registration of the movement of the instant motor vehicle, and the court rendered a judgment in favor of the Plaintiff on September 25, 2013 ( Daejeon District Court Decision 2013Da18971), and the said judgment became final and conclusive on October 17, 2013.

On September 7, 2016, the Plaintiff filed a lawsuit against the Defendant on the ground that “the Defendant sold the test vehicle to which the Defendant would accept the secured obligation of the right to collateral security established on the instant vehicle, and sold it to the Defendant. The Defendant sold it to a third party without having made a transfer registration under its own name, and the Defendant incurred the Plaintiff’s repayment of the obligation on behalf of the Plaintiff due to the Defendant’s failure to pay the said obligation, and thus, the Defendant is liable to compensate for the Plaintiff’s property damage. In addition, the Defendant filed a lawsuit claiming for compensation of KRW 4 million as the Plaintiff incurred emotional distress due to the Plaintiff’s failure to obtain the transfer registration of ownership of the instant vehicle.” However, the court rendered a judgment dismissing all the Plaintiff’s claims on July 25, 2017 (Seoul District Court Decision 2016Da57834), and the said judgment became final and conclusive on August 1, 2018.

hereinafter referred to as "the case."

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