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1. The Defendant’s KRW 20,000,000 as well as 5% per annum from December 24, 2008 to January 22, 2014 to the Plaintiff.
Reasons
1. Facts of recognition;
A. On April 22, 2004, the Plaintiff acquired the instant automobile and completed its ownership registration, and until now, registered as the owner in the register of automobile of this case.
B. Around March 1, 2007, the Plaintiff offered the instant automobile as security and received a loan of KRW 3.120,000,000 on the condition that the Defendant deducted a fee of KRW 4 million from KRW 4 million and KRW 4.80,000 per day from KRW 6 days and repaid KRW 80,000 per day for 100 days. On March 1, 2007, the Plaintiff obtained a loan of KRW 1.560,00 on condition that 200,000 and KRW 2.460,000 per day after deducting a fee from KRW 2,000,000 from KRW 2,000 and KRW 2,40,000 per day from the Defendant.
C. On April 20, 2007, the Plaintiff paid KRW 6 million to the Defendant, thereby repaying the full amount of the Defendant’s loan obligations including interest. However, the Defendant, on June 2008, sold the instant automobile to C at KRW 6.8 million, which was provided as security to the Plaintiff.
On February 12, 2008, the Plaintiff filed a complaint with the Defendant on the ground that the Defendant did not return the instant motor vehicle. On December 12, 2008, the Defendant, while being investigated, agreed between the Plaintiff and the Plaintiff on December 12, 2008, that “the Defendant shall pay to the Plaintiff KRW 10 million related to the loan certificate and KRW 10 million related to the return of the instant motor vehicle (However, if the Defendant returned the instant motor vehicle by April 20, 2009, excluding the notified tax at the time of the return and the fine for negligence as to the said motor vehicle, and if it is not returned by April 20, 2009, the Plaintiff waives the instant motor vehicle)” (hereinafter “instant agreement”).
E. On February 25, 2009, the Defendant was charged with selling and embezzlement the instant vehicle without the Plaintiff’s permission, and the summary order of KRW 2 million is the Seoul Central District Court.