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(영문) 수원지방법원 2017.09.15 2016나2731
손해배상
Text

1.The judgment of the first instance shall be modified as follows:

Defendant B, as to the Plaintiff, KRW 22,660,00,000, and this, as to the Plaintiff.

Reasons

1. Basic facts

A. C is the owner of a large-scale 47 passenger cars D (hereinafter “instant vehicle”) and the Plaintiff is the owner of the instant vehicle as the owner of the instant vehicle. Around February 2013, C determined the said vehicle as the broker of Defendant B to sell the said vehicle at KRW 62 million. A part of the purchase price was granted a loan from a financial institution after establishing a mortgage on the said vehicle, and the remainder was paid in cash (hereinafter “instant sales contract”).

B. On February 6, 2013, according to the instant sales contract, a mortgage (hereinafter “instant mortgage”) created on the instant vehicle with the mortgagee’s Hyundai Syman Social Co., Ltd. (hereinafter “Nyman Social”), the Plaintiff, the obligor, and the bond value of KRW 58 million. Around that time, the Plaintiff concluded a branch agreement with E on the said vehicle, and subsequently jointly and severally guaranteed the Defendant’s debt on the instant vehicle E in Hyundai Syman’s Social.

E, including the settlement of the instant mortgage and repayment of C’s previous obligations with the money loaned from modern money society, the amount equivalent to KRW 5,355,000 of the remainder of the purchase price to be paid in cash, was not paid.

C. As seen above, Defendant B received KRW 6 million from F on February 22, 2013 from F, and delivered the instant vehicle to F; and KRW 5,355,000, out of the money received from F, paid KRW 5,35,000 from the Plaintiff’s internal director H’s account.

Meanwhile, Defendant B received 6 million won from F on February 22, 2013 while keeping the said vehicle in custody to deliver the instant vehicle to E, and embezzled the said vehicle by allowing F to use at will.

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