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(영문) 청주지방법원제천지원 2019.09.18 2019가단20999

보증금반환

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On March 3, 2017, the Plaintiff purchased the instant vehicle from Defendant B with a 139,925,000 won (115,386,107 won as an account in the name of E, and 24,538,893 won as an account in the name of Defendant B) for business use (hereinafter “instant vehicle”). On April 3, 2017, the Plaintiff transferred 139,925,000 won (24,538,893 won as an account in the name of E) to Defendant B.

B. On April 3, 2017, the Plaintiff entered into an entrustment contract (hereinafter “instant contract”) with Defendant C Co., Ltd. (hereinafter “Defendant C”), and the Plaintiff invested in kind the instant vehicle, and Defendant C entrusted the management of transportation business using the instant vehicle to the Plaintiff (hereinafter “instant contract”).

C. Around December 2018, the Plaintiff filed a lawsuit against Defendant C seeking transportation charges, etc., and on December 7, 2018, the conciliation was concluded that “The instant contract was terminated as of December 7, 2018, and Defendant C shall pay the Plaintiff KRW 1,800,000 until December 14, 2018, and the Plaintiff shall receive the said money from Defendant C, and at the same time, provide Defendant C with documents for the transfer of the owner’s name of the instant vehicle, and the two confirm each other that no obligation exists except as otherwise provided for in this conciliation in relation to the instant contract.”

(The grounds for recognition) The facts that there is no dispute, Gap's evidence Nos. 1, 3, 5, 4, and 6, the purport of the whole pleadings, and the purport of the whole pleadings.

2. The Plaintiff asserted that the Plaintiff purchased the instant vehicle from the Defendants, and paid KRW 80,000,000 to the Defendants at the time of entering into the instant contract, and KRW 55,000,000,000 for the instant vehicle.

1.(a)

was remitted as described in the subsection.

After such time,

1.(c)

Since the contract of this case was terminated as described in the claim, and the plaintiff returned the automobile number plate, the defendants are jointly and severally liable to return the above automobile number plate KRW 55,00,000 to the plaintiff.

3. The plaintiff's defendant.