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1. As to KRW 35,580,315 and KRW 10,618,380 among them, the Defendant shall pay to the Plaintiff the year from March 30, 2018 to April 16, 2018.
Reasons
1. Facts of recognition;
A. On November 15, 2016, the Defendant purchased a vehicle from the Plaintiff with a loan from the Plaintiff and proposed that the Defendant bear all expenses, such as the installment of the vehicle, taxes, etc., on the face of the Plaintiff. On November 15, 2016, the Plaintiff borrowed from Hyundai Capital Co., Ltd. (hereinafter “Nonindicted Capital”) with a loan of KRW 74.9 million on a monthly basis between 36 months and 2.5 million, and purchased a used entsts car (automobile registration number C; hereinafter “instant vehicle”) and gave it to the Defendant.
B. In operating the instant vehicle, the Defendant paid the installment only from December 2, 2016 to August 2017, and did not pay the installment from September 2017. The Plaintiff paid on behalf of the Defendant four-month installments of KRW 10,429,51 in total, KRW 2,567,151 on September 27, 2017 and KRW 7,862,359 on December 7, 2017.
C. Meanwhile, around February 2018, Nonparty Capital sold the instant vehicle to KRW 29.5 million and appropriated KRW 28,039,020 after deducting various expenses, such as administrative fines, from KRW 1,460,980. As of February 28, 2018, the remaining installments are KRW 24,961,935.
In addition, on February 7, 2018, the Plaintiff paid on behalf of the Defendant an administrative fine of KRW 35,160 for October 2017, and an administrative fine of KRW 27,160 for February 27, 2018, which was imposed upon the Defendant’s failure to subscribe to the liability insurance for the instant vehicle, and paid on behalf of the Defendant KRW 126,710 for automobile tax imposed on March 29, 2018.
[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 12 (including paper numbers), the purport of the whole pleadings
2. According to the above facts of determination, the defendant sought unjust enrichment from the plaintiff 35,580,315 won (the remaining installment of KRW 10,429,510,000,000,000 in lieu of the substitute installment of KRW 24,961,935) and the plaintiff's claim against the plaintiff for 10,618,380 won, such as the substitute installment and fine for negligence.