1. The defendant shall be the plaintiff.

(a) A motor vehicle that received KRW 4,000,000 from the Plaintiff is indicated in the attached list after being paid KRW 4,000.

1. Basic facts

A. On July 17, 2013, the Plaintiff purchased a motor vehicle listed in the separate sheet (hereinafter “instant motor vehicle”) and completed the ownership transfer registration in the name of the Plaintiff.

B. After approximately one week, the Plaintiff borrowed 4 million won from the Defendant without due date and interest, and offered the instant automobile as security to the Defendant.

C. After being provided with the instant vehicle as security, the Defendant disposed of the instant vehicle to a third party as a tentative name.

The details of various administrative fines, automobile taxes, and environmental improvement charges imposed after the automobile of this case was disposed of as a substitute, are as shown in the attached Table, and the notification agency seized the automobile of this case on the grounds of delinquency in payment of administrative fines, etc.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings

2. Determination

A. According to the above facts of recognition, the defendant is obligated to receive a loan of 4 million won from the plaintiff and deliver the automobile of this case which is the object of security to the plaintiff.

B. According to the above facts, the defendant disposed of the instant motor vehicle, which was provided as security without the plaintiff's consent, to a third party as a 'defluence vehicle', and the third party, while driving the instant motor vehicle, was discovered to have violated traffic regulations, etc. and caused the plaintiff to be subject to an administrative fine, etc., so the defendant is liable to compensate for the damages suffered by the plaintiff.

Meanwhile, a claim for damages caused by a tort is established when actual damage occurs, and whether actual damage occurred shall be determined objectively and reasonably in light of social norms. The plaintiff's notice of payment of an administrative fine was issued and notified in the future, and the notification agency completed the attachment registration of the instant automobile with the penalty in arrears as the preserved bond. Therefore, the Plaintiff is equivalent to the administrative fine in question.