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(영문) 서울북부지방법원 2021.02.09 2019가단3421
손해배상금
Text

The defendant shall pay to the plaintiff 11,99,480 won and to the plaintiff 5% per annum from May 8, 2020 to February 9, 2021.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant returned to the Republic of Korea on April 2016 in the Philippines, and maintained a de facto marriage relationship, and the de facto marriage relationship was terminated around November 2018.

B. On May 19, 2016, the Plaintiff, who maintained a de facto de facto marital relationship with the Defendant, purchased C-S-Tank C in a part of the C-S-Tank Motor Vehicle (hereinafter “instant motor vehicle”) in the name of the Defendant.

(c)

After the de facto marriage relationship with the Plaintiff was terminated, the Defendant intruded into the parking lot of D Apartment which is the Plaintiff’s residence on February 25, 2019, and caused the employee of the automobile insurance company to tow the instant automobile.

(d)

The defendant is above C.

Due to the facts stated in subsection (1), this Court was prosecuted for larceny and intrusion upon residence of 2019 High Court Order 2391, and the above court was sentenced to a fine of 5,000,000 won on April 28, 2020, and the above judgment became final and conclusive.

E. The Defendant delivered the instant vehicle to the Plaintiff on May 8, 2020.

[Reasons for Recognition] A without dispute, Gap evidence Nos. 1 through 8, 10, Eul evidence No. 1 (including each number, if any), the purport of the whole pleadings

2. Determination

A. (1) Determination as to the cause of the claim 1) The Defendant’s occurrence of the liability for damages caused the instant motor vehicle owned by the Plaintiff to be towed without the Plaintiff’s consent on February 25, 2019, and the fact that the said motor vehicle was returned to the Plaintiff on May 8, 2020 is as seen earlier.

According to the above facts, the plaintiff suffered losses from the defendant's above acts that make it impossible to use the motor vehicle of this case (the plaintiff actually used a similar class of motor vehicle during the above period). Thus, the defendant is obligated to compensate the plaintiff for the damages suffered by the plaintiff.

2) The amount of liability for damages of this case is equivalent to the car user fee of this case, Gap evidence No. 9, No. 11-1, 11.

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