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1.The judgment of the first instance, including a claim added or expanded in the trial, shall be modified as follows:
(e).
Reasons
1. Basic facts
A. From around November 2011, the Plaintiff operated a health club with the trade name “F” in Gangdong-gu Seoul, and Defendant C has been working as an employee at the above health club since November 201.
On the other hand, Defendant B is the husband of Defendant C.
B. The Plaintiff purchased a used vehicle in the name of the Plaintiff and transferred its ownership within the several months from delivery, and purchased an automobile listed in the separate sheet (hereinafter “instant automobile”) on March 16, 2012, and completed the ownership transfer registration in its name. On March 19, 2012, the Plaintiff borrowed KRW 724,028,000 as the purchase price of the instant automobile from Hyundai Capital Co., Ltd. (hereinafter “Modern Capital”) with a loan of KRW 17,30,000 as the purchase price of the instant automobile (hereinafter “instant loan”), and transferred the instant automobile to Hyundai Capital by means of a mortgage on the instant automobile to the Defendants.
C. On March 24, 2012, Defendant B prepared and delivered a written confirmation (Evidence 1) stating that “All responsibilities for the sale and purchase of the instant vehicle and the payment of the installment shall be confirmed on behalf of the Plaintiff that the said Defendant is the said Defendant on behalf of the Plaintiff,” and on July 5, 2012, Defendant B prepared and delivered a written statement of performance (Evidence 2) stating that “I will transfer the name and installment, etc. of the instant vehicle to Defendant C by July 31, 2012, and assume any legal responsibility if I are unable to perform this,” and on December 16, 2012, Defendant C promised to prepare and deliver a written confirmation (Evidence 3) stating that “The issue of arranging the transfer of the name or the sale of the instant vehicle by December 31, 2012.”
However, as the Defendants did not fully repay the instant loan after receiving the instant automobile, the Plaintiff was against Hyundai Capital by January 10, 2013.