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(영문) 서울남부지방법원 2018.07.11 2017가단250589
부당이득금
Text

1. The Defendant shall pay to the Plaintiff the amount of KRW 41,199,752 and KRW 30,733,462 among them, from December 17, 2017 to the date of full payment.

Reasons

1. Indication of claim;

A. The Plaintiff was only the Defendant with the introduction of C around March 2010. The Defendant, upon purchasing a motor vehicle, promised to first transfer the registration name of the motor vehicle to the Defendant and cancel the established collateral security within several months on the face of each week by establishing the registration of the motor vehicle under the Plaintiff’s name and the collateral security under the Plaintiff’s name.

B. Accordingly, on March 11, 2010, the Plaintiff purchased each of the above vehicles from Hyundai Capital to 40 million won, and on March 12, 2010, purchased each of the above vehicles from Eystal vehicles to Gagal Capital, and completed the transfer of ownership in the name of the Plaintiff, and completed the registration of the establishment of collateral security for each of the above vehicles.

C. Although the Defendant received delivery of each of the above vehicles from the Plaintiff, the Defendant did not pay an installment or fine for negligence, unlike the promise, and did not change the registration name of each of the above vehicles.

On behalf of the defendant, the plaintiff paid 30,733,462 won to Hyundai Capital and Ariju Capital up to now, and additionally paid 10,46,290 won for installments remaining after reduction.

E. Therefore, the defendant is liable to pay damages for delay at the rate of 15% per annum from the day after the day when the copy of the complaint of this case was served to the defendant and the day of complete payment as to the total amount of installments that the plaintiff paid on behalf of the plaintiff or must pay in the name of the plaintiff, and the above installment amount remains in the name of the plaintiff, and the total amount of installments 41,199,752 won and the 30,733,462 won, which the plaintiff paid in advance.

2. Judgment by public notice of applicable provisions of Acts (Article 208 (3) 3 of the Civil Procedure Act);

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