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(영문) 서울고등법원 2019.04.05 2017나2067019

청산금등

Text

1. Of the judgment of the court of first instance, the part against the Defendant (Counterclaim Plaintiff) exceeding the amount ordered to be paid below.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The plaintiff filed a claim against the defendant for the delivery and ownership transfer registration of automobiles and the liquidation money. The first instance court dismissed the plaintiff's claim for the delivery and ownership transfer registration of automobiles in its entirety, and partly accepted the claim for the liquidation money.

On the other hand, the first instance court dismissed the defendant's counterclaim against the plaintiff in its entirety.

Accordingly, since only the defendant appealed against the defendant among the judgment of the court of first instance, the scope of the judgment of this court is limited to the claim part of the judgment of first instance and the claim part of the counterclaim.

2. Basic facts

A. The Defendant is a company running the vehicle transport business, etc. with its head office and branch offices in Incheon, etc. in Kimpo-si.

B. From October 2013 to 38, the Defendant owned the following passenger vehicles, and between February 2, 2014 and July 2014, the Defendant purchased each of the vehicles listed in the following table 1 through 25 (hereinafter referred to as “each of the instant vehicles,” and completed the ownership transfer registration for the Defendant around that time.

Serial 1 D. 24. 26,50,000 24. 20,000 20,000 20,000 22,000,200 20,000 20, 304 20,000 4. 20,000 20,004 20,004 20,004 20,004 on March 3, 2014