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(영문) 서울동부지방법원 2019.08.27 2015가단135171

부당이득금반환

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 16,949,286 to the Plaintiff (Counterclaim Defendant) and its related amount from July 4, 2015 to December 28, 2015.

Reasons

1. Basic facts

A. On March 11, 2014, while operating a motor vehicle maintenance business under the trade name of “C,” the Plaintiff entered into a similar agreement between the Defendant and the Defendant, which read “A to purchase a motor vehicle under the name of the Defendant and engage in a siren car business.”

(A) Evidence No. 2, hereinafter referred to as "the instant agreement"). The main contents are as follows:

1) The name of the vehicle owner shall be owned by the Defendant, and the purchase fund shall be borne by the Plaintiff. 2) If the sale was made in the name of the Defendant due to the Plaintiff’s rental car business, the Defendant shall pay the remainder remaining after deducting 10% of value-added tax and 5% of corporate tax from

3) The Plaintiff shall pay 80,000 won per month to the Defendant as management expenses and garage expenses, and deposit insurance premiums and automobile taxes once a year. In the case of purchasing a vehicle by installment, the installment shall be deposited on the designated date of each month. 4) The automobile inspection and maintenance shall be the Plaintiff, and the fine for negligence and penalty incurred during the operation of the vehicle shall also be borne by the Plaintiff.

5) In the event that the Plaintiff intends to sell or move a motor vehicle, the Defendant shall cooperate without delay. Provided, That the value-added tax and individual consumption tax incurred at the time of the sale or transfer of the motor vehicle shall be borne by the Plaintiff. 6) If installment payments, insurance premiums and other expenses are overdue for two months, the Plaintiff shall transfer

B. On March 1, 2014, the Plaintiff purchased one unit of AD passenger car (automobile registration number D; hereinafter “AD”) under the name of the Defendant, and completed the transfer of ownership on March 21, 2014. On May 23, 2013, the Plaintiff purchased at a discount and received delivery from the Defendant around April 16, 2014, one unit of BM passenger car (automobile registration number E; hereinafter “BMW”) for which the transfer of ownership was completed.

C. From around that time, the Plaintiff used Aridi and BMW for its rental car business, and the sales amount to be received from the Defendant and the installments to the Defendant shall be paid each month.