청구이의
The defendant's appeal is dismissed.
Expenses for appeal shall be borne by the defendant.
Purport of claim and appeal
purport.
The grounds for appeal by the defendant which cited the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, and even if the evidence submitted to the court of first instance and the court of first instance are examined, the fact-finding and the judgment of the
Therefore, the reasoning of the judgment of this court is as follows, except for the addition of the judgment on the argument that the defendant emphasizes in the trial of the court, and therefore, it is consistent with the reasoning of the judgment of the court of first instance.
2. The addition;
A. The Defendant’s assertion that the amount the Plaintiff claimed based on the instant notarial deed was paid to KRW 161,216,630 on the total amount of the Defendant’s loans that the Defendant separately lent to the Plaintiff, or on the aggregate of the vehicle fees that the Plaintiff is obligated to pay to the Defendant.
B. In full view of the following circumstances, comprehensively taking account of the respective descriptions of Gap evidence Nos. 3 through 5, Eul evidence Nos. 2 and 3 and the purport of the entire pleadings, 273,070,000 won that the plaintiff paid to the defendant from June 18, 2013 to March 27, 2019 (=total amount paid by the plaintiff to the defendant 652,10,000 won - total amount paid by the plaintiff to the defendant 379,040,000 won in relation to the entrustment of the purchase of used vehicles) shall be a repayment amount based on the Notarial Deed, and thus the defendant's above assertion is not acceptable.
① The Plaintiff operates a secondhand seller in the name of F (hereinafter “instant company”), and the Defendant was employed as an employee of the instant company. The Defendant did not receive a certain monthly wage from the Plaintiff, but rather, the Defendant purchased a secondhand vehicle directly from the seller and sold it to others and left profits (the Defendant borrowed it from the Plaintiff or sold the secondhand vehicle directly purchased from the seller to the Plaintiff).