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(영문) 서울중앙지방법원 2020.05.11 2019가단5063917
유체동산인도
Text

1. The defendant shall be the plaintiff.

(a) deliver a motor vehicle listed in the separate sheet;

(b) KRW 12,721,306 and its related amounts, April 2019.

Reasons

On November 30, 2011, the Plaintiff: (a) leased an automobile indicated in the attached Table (hereinafter “instant automobile”); (b) KRW 859,835 won per month; and (c) the lease period of 36 months to C Co., Ltd. (hereinafter “Nonindicted Company”); (b) the Plaintiff terminated the said lease agreement on November 30, 201 because the Nonparty Company did not pay the lease fee; (c) however, the Defendant was operating the instant automobile without permission upon delivery from the Nonparty Company from July 2012; (d) on the other hand, the Plaintiff paid KRW 210,00,000 as an administrative fine imposed on the ground that the instant automobile was not covered by liability insurance; (b) KRW 1,079,706 as an administrative fine imposed on the Plaintiff on the ground that the Plaintiff did not return the instant automobile without permission; and (c) KRW 240,000,000 as an administrative fine imposed on the Plaintiff for negligence; and (d) the Plaintiff did not have any dispute between the Plaintiff and the Plaintiff’s number 16010.

According to the above facts, the defendant is obligated to deliver the motor vehicle of this case to the plaintiff, and pay to the plaintiff 12,721,306 won (=2.1,079,706 won) equivalent to the total amount of damages suffered by the plaintiff due to the unauthorized operation of the motor vehicle of this case and to pay the money calculated by the rate of 12% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from April 8, 2019 to the day of complete payment, which is the day following the delivery date of the copy of the complaint of this case.

If so, the plaintiff's claim shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.

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