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(영문) 대전지방법원 2015.08.11 2014나100618 (1)
자동차인도 등
Text

1.The judgment of the first instance, including the parts expanded in the trial, shall be modified as follows:

The defendants are the defendants.

Reasons

1. Basic facts

A. On February 15, 2012, the Plaintiff purchased an automobile indicated in attached Form D (hereinafter “instant automobile”) owned by Defendant B as the head of Defendant B and his father, the father of Defendant C (hereinafter “the instant automobile”). On February 17, 2012, the Plaintiff received the transfer of ownership on the instant automobile due to the said sale.

B. Although the Plaintiff received the registration of transfer of ownership on the instant motor vehicle, the Defendants did not receive the instant motor vehicle according to the use of the instant motor vehicle. However, during that period, the Plaintiff imposed the automobile tax, speed violation, violation of parking and stopping regulations, violation of bus exclusive lanes, and the unpaid tolls on the instant motor vehicle.

C. On April 16, 2012, Defendant B registered the business of Oba in the name of Defendant C, one of his former wife, and the wholesale and retail business of related products under the name of Defendant C.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 6-10 (if there are virtual numbers, including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination as to the defendants' claim for the payment of agreed amount

A. In full view of the judgment on the claim for the payment of installment payments to be loaned, the fact that there is no dispute, and the purport of Gap evidence Nos. 1, 3, and 4 as well as the whole pleadings, the plaintiff obtained a loan of 20,000 won from the Dongyang Life Insurance Co., Ltd. (hereinafter “Dongyang Life Insurance”) on February 15, 201 under his own name during the lending period of 24 months, interest rate of 16.9% per annum, overdue interest rate of 18.9% per annum, interest rate of 987,85 won per month, and the monthly payment of 987,85 won (hereinafter “the instant loan”), and thereafter, the plaintiff obtained a transfer of ownership on the instant automobile from D on February 17, 2012 and registered as the transfer of ownership on the instant automobile from February 15, 2015, and registered as the bond price of 20,000 won in the Dongyang Life Insurance Co., Ltd.

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