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(영문) 서울동부지방법원 2013.12.27 2012가단108994
손해배상(기)
Text

1. The Defendant’s KRW 4,400,000 as well as 5% per annum from July 12, 2012 to December 27, 2013 to the Plaintiff.

Reasons

1. Facts of recognition;

A. C has been engaged in trading brokerage business as used cars. On March 2003, the Plaintiff arranged to purchase freight trucks (D; hereinafter “instant truck”) at KRW 30 million.

The plaintiff borrowed KRW 10 million from C on April 9, 2003, and around that time, the plaintiff provided a mortgage on the truck of this case to C.

B. The Plaintiff employed E to operate the instant truck, and did not pay the sum of the amount paid to E on November 2004 and the amount paid on December 12, 2004, 21.50,000 won.

E is not a contact with the Plaintiff, and it was difficult to find C around May 1, 2006 due to the parking problem of the instant truck, etc., and requested C to resolve the benefits which were not received from the Defendant as it was in charge of the instant truck, and C paid KRW 2.5 million to E, and stored the instant truck after receiving it from it.

C. C around September 7, 2009, delivered the instant truck to the Defendant, who is the wife, and the Defendant had used the instant truck when operating the F located in Macheon-si from around that time.

The Plaintiff, where the whereabouts of the instant truck is unknown, found the instant truck. On December 17, 2011, the Plaintiff discovered the instant truck at the F Parking Lot.

around September 7, 2009, when the Plaintiff discovered the instant truck, the odometer of the instant truck was approximately 285,000 km, and approximately 245,000 km from around September 7, 2009, when the Defendant received the instant truck from C, to approximately 40,000 km.

(see Evidence A 3). (e)

On June 5, 2012, the Plaintiff was refunded the instant truck from the Defendant, but C applied for a voluntary auction with a district court (G) upon mortgage on the instant truck, and the instant truck was sold in KRW 13.9 million around August 2013.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 4, 7, Eul evidence No. 4, the purport of whole pleadings

2. Judgment on the plaintiff's claim

A. The plaintiff.

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