매매대금반환 등
1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
1. Basic facts
A. The defendant is a corporation that runs student transport business, company bus services, chartered bus transport business, etc.
B. On May 7, 2015, the Plaintiff entered into a sales contract with the Defendant by setting up KRW 125,00,000 (value-added tax deduction) with respect to the instant vehicle for large passenger cars (hereinafter “instant vehicle”) as the price for KRW 125,00,00 (hereinafter “instant sales contract”), and paid KRW 50,000 among them for the same day as the delivery deposit, and agreed to pay KRW 75,00,000 for the remainder 75,00,000 per annum interest rate of KRW 10.9% per annum, and the principal and interest of KRW 1,626,94 per month for the repayment period of KRW 60.
In addition, on the same day, the Plaintiff entered into an entrustment management contract with the Defendant on the same day, with the purport that the Defendant shall keep the ownership of the instant vehicle in the name of the Defendant and manage it, and the Plaintiff shall operate the instant vehicle under the direction of the Defendant on a daily operating route, and the Defendant shall pay the remainder after deducting the instant vehicle management expenses, etc. from the vehicle
(hereinafter “instant management contract,” and the instant sales contract and the instant management contract are collectively referred to as “each of the instant contracts”).
After that, from May 14, 2015, the Plaintiff operated a neglect system designated by the Defendant and a transit bus route of the C Company using the instant vehicle from around May 14, 2015, and suspended the operation around November 10, 2015.
[Ground of recognition] Facts without dispute, Gap 1 to 18 evidence, Eul 1 to 11 evidence (including paper numbers; hereinafter the same shall apply) and the purport of the whole pleadings
2. The plaintiff's assertion
A. On May 2015, while the Plaintiff was operating the instant vehicle with the employees of the C Company aboard the instant vehicle, the Plaintiff was faced with 1,000,000 won in compensation for damages to C Company due to defects, such as the failure to properly handle hand-on of the instant vehicle. As a result, the Plaintiff paid 1,00,000 won to C Company in compensation for damages, and KRW 4,00,000 in the repair cost for the instant vehicle.