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(영문) 서울남부지방법원 2015.11.12 2015가단216226
자동차인도 등
Text

1. Defendant B shall deliver to the Plaintiff the vehicles listed in the attached Form.

2. Defendant C:

(a) 46,255,200 won and ;

Reasons

1. Facts of recognition;

A. On October 17, 2012, the Plaintiff entered into a facility leasing agreement on the instant motor vehicle (hereinafter “instant lease agreement”) with the character Capital Co., Ltd. (hereinafter “Character Capital”), the owner of the instant motor vehicle (hereinafter “instant motor vehicle”) and received delivery on the same day.

B. On October 27, 2012, D, the husband of the Plaintiff, offered the instant vehicle as security by borrowing KRW 6 million from Defendant C on October 27, 2012. Defendant C, while keeping this, provided it as security and embezzled by offering it as security for KRW 10 million to E.

C. Defendant B currently occupies the instant vehicle.

[Ground of recognition] Facts without dispute, Gap evidence 1-1 to Gap evidence 3, and the purport of the whole pleadings.

2. Determination as to the plaintiff's claim against the defendant B

A. Examining the Plaintiff’s assertion as to the Plaintiff’s assertion, the Plaintiff exercised the right to request the delivery of the instant vehicle against the Defendant B by subrogation of the character Capital in order to preserve the right to use the vehicle pursuant to the instant lease agreement concluded with the character capital, which is the owner of the instant vehicle, according to the facts acknowledged earlier, barring special circumstances, Defendant B, the owner of the instant vehicle, is obligated to deliver the instant vehicle to the Plaintiff who requested the delivery of the instant vehicle by subrogation of the character capital, which is the owner of the instant vehicle, as the user under the instant lease agreement, barring any special circumstance. Therefore, the Plaintiff’s above assertion is with merit.

B. As to the judgment on Defendant B’s assertion (1), the above Defendant acquired the instant vehicle from F in excess of KRW 25 million, and the Plaintiff drafted a letter of waiver that “to waive the right to the instant vehicle” while offering the instant vehicle as a loan security against Defendant C, and thus, against the said Defendant.

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