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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On July 2012, the Plaintiff purchased an automobile listed in the separate sheet (hereinafter “instant automobile”) and completed the registration of ownership transfer. The Plaintiff completed the registration of creation of a collateral security amounting to KRW 45,00,000 by borrowing KRW 45,000 from a more Bable Mutual Savings Bank (hereinafter “instant loan”). As a security, the Plaintiff completed the registration of creation of a collateral security amounting to KRW 45,00,000 with the maximum debt amount.
B. On July 2012, the Plaintiff agreed to pay KRW 1,273,009 per month, the principal and interest of the instant loan, in lieu of running a business using the instant vehicle by C and C, and delivered the instant vehicle to C.
C. Defendant A and Defendant A pay C money equivalent to the principal and interest of the instant loan in lieu of running a business using the instant vehicle, and deliver the instant vehicle to Defendant A.
A around November 24, 2012, Defendant A entered into a contract with Defendant B to bear the remaining installments of the instant motor vehicle and to exchange the instant motor vehicle with Defendant B’s motor vehicle (D) and delivered the instant motor vehicle to Defendant B on November 24, 2012.
E. On April 15, 2014, the Plaintiff filed a lawsuit against Defendant B seeking payment of unjust enrichment equivalent to the rent calculated at the rate of KRW 1.2 million per month from April 24, 2014 to April 23, 2014, the delivery date of a copy of the complaint of the instant case, from November 24, 2012 to April 24, 2014, and from April 24, 2014 to the completion date of delivery of the instant vehicle.
F. On January 23, 2015, the competent division in charge of the case No. 2014Gadan25831 of the Incheon District Court closed the pleadings of the instant case on January 23, 2015, and subsequently, on February 13, 2015, the claim for delivery of the instant vehicle was accepted, and the judgment was pronounced to dismiss the claim for unjust enrichment equivalent to the rent, and the said judgment became final and conclusive on March 11, 2015.
G. Defendant B delivered the instant automobile to the Plaintiff on August 18, 2015.
[Ground of recognition] There is no dispute.