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(영문) 부산지방법원 2019.01.25 2018나2780
대여금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. When the Plaintiff purchased a vehicle CVS vehicle (hereinafter “instant vehicle”), it was loaned KRW 25 million from D on December 10, 2015 to KRW 36 months.

B. From January 22, 2016 to July 20, 2016, the Plaintiff paid KRW 6,325,343 in D with the name of the principal and interest of the instant vehicle. On August 16, 2016, when disposing of the instant vehicle, the Plaintiff paid KRW 7,00,000 with the principal and interest of the installment and the redemption commission, and paid KRW 14,787,406 with the principal and interest of the installment and the redemption commission on August 19, 2016.

The redemption of the obligation is completed.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, and 8, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The plaintiff's assertion is a person who is a divorced South Korea and operates a construction company and collects money equivalent to KRW 10 million each month and is a person who places restrictions with the plaintiff.

When purchasing a vehicle in the name of the plaintiff, the defendant would bear all the costs and expenses, and the plaintiff purchased the vehicle in this case.

However, the Plaintiff paid the installment of the instant vehicle to the Plaintiff on the ground that the Defendant did not pay the construction cost, and the Plaintiff paid the installment of KRW 6,317,421 on behalf of the Plaintiff.

After that, the Plaintiff disposed of the said vehicle with knowledge of the fact that it belongs to the Defendant, but the Plaintiff also paid D Loans 14,787,407, which are insufficient to dispose of the said vehicle.

Therefore, the Defendant is obligated to pay the Plaintiff the aforementioned KRW 21,104,828 (=6,317,421 KRW 14,787,407) and damages for delay.

B. As seen earlier, the Plaintiff purchased the instant vehicle, and the Plaintiff paid KRW 6,325,343, and KRW 14,787,406, respectively, on the pretext of the principal and interest, etc. on the instant vehicle from January 22, 2016 to July 20, 2016, respectively, to D, as seen earlier, the evidence submitted by the Plaintiff, such as the statement in the evidence No. 6 and 9.

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