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(영문) 대구지방법원 2019.01.30 2018나311751

구상금

Text

1. The plaintiff's appeal against the defendants and the plaintiff's alteration in exchange for this court to the defendants.

Reasons

1. Basic facts

A. Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a company that carries out automobile forwarding and consignment management business, and Defendant C is the representative director of the Defendant Company.

B. The Defendant Company filed a lawsuit against D against D to the effect that “D will take over the transfer of ownership registration procedure based on the termination of the above consignment management contract with respect to the instant automobile from the Defendant Company (Cheongju District Court Decision 2015No. 2399), and the said court rendered a favorable judgment on October 28, 2015 with respect to the Defendant Company. The said judgment became final and conclusive around that time.

C. D completed the transfer of ownership on December 9, 2015 with respect to the instant automobile.

[Ground of recognition] Facts without dispute, Gap 4, 12 evidence (including branch numbers, hereinafter the same shall apply), Eul 4, the purport of the whole pleadings

2. On November 12, 201, 201, the Plaintiff asserted that the Plaintiff and the Defendants sold the instant automobile to the Defendants, the Defendants paid 20,000,000 won as down payment to the Plaintiff, and the Plaintiff entered into a contract on the acquisition of the instant automobile to pay the installments of the instant automobile to E Co., Ltd. (hereinafter “the instant acquisition”), and the instant acquisition by transfer determined that the name of the assignee of the contract would be “D” in the form of “D”.

After that, the Plaintiff had completed the registration of ownership transfer of the instant vehicle under the name of the Defendant Company, and was liable for value-added tax of KRW 2,00,000 in that process, and Defendant C paid KRW 10,000,000 to the Plaintiff out of the down payment.

However, the Defendants did not pay the Plaintiff the remainder down payment of KRW 10,000,000 under the contract and value-added tax of KRW 2,00,000 borne by the Plaintiff. The Defendants did not pay KRW 64,334,462 for the installment of the instant vehicle to E, and paid it on behalf of the Plaintiff.

Therefore, the defendants jointly do so to the plaintiff and 76.