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(영문) 부산지방법원 2020.11.05 2020가단1765
자동차명의이전등록
Text

1. Of the Plaintiff’s lawsuit against the Defendants, the part concerning the Plaintiff’s claim of KRW 225,600 is dismissed.

2. The defendant B.

Reasons

1. Indication of claims: as shown in Appendix 2 “Cause of Claim”.

2. Judgment by service (Article 208 (3) 3 of the Civil Procedure Act).

3. Part of rejection and dismissal.

A. The plaintiff sought payment of management expenses, etc. for each motor vehicle listed in the separate sheet as shown in the separate sheet No. 1, and sought payment of KRW 225,600 for the costs of this case. However, the amount paid by the plaintiff as the costs of lawsuit can be repaid through the procedure for the confirmation of the costs of lawsuit. Thus, there is no benefit

(See Supreme Court Decision 9Da68577 delivered on May 12, 2000, etc.). As such, the part of the Plaintiff’s lawsuit against the Defendants, which claimed KRW 225,600, is unlawful.

B. On August 31, 2020, the Plaintiff claimed damages for delay calculated at the rate of 12% per annum from the day after the copy of the application for amendment of the purport of the claim was served on August 24, 2020 to the day of complete payment, with respect to 20,647,360 won including management expenses, etc. up to August 31, 2020 and litigation expenses of this case as to each of the motor vehicles listed in the separate sheet No. 1 list. However, as seen above, the Plaintiff’s claim against the Defendants of this case is unlawful from the day after the copy of the application for amendment of the purport of the claim was served on August 24, 2020 to the day of complete payment. However, the Plaintiff’s claim for damages for delay exceeding 225,600 won from the day after the above litigation costs were deducted (20,647,360 won - 225,600 won per annum from the day following the date when the claim was served on August 24, 2000.1.

4. Accordingly, the part of the Plaintiff’s claim of KRW 225,600, among the lawsuit against the Defendants, is unlawful and dismissed. The Plaintiff’s defendants are dismissed.

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