자동차인도 등
The judgment of the first instance shall be amended as follows:
The defendant shall deliver to the plaintiff the vehicles listed in attached Table 1, and 1,454.
In fact, around September 2015, B registered the vehicles listed in the separate sheet No. 1 and 2 (hereinafter “Class 1” and “Class 2”) in the name of the Plaintiff and reverted ownership and operation management rights to the Plaintiff externally. However, in the internal context, B entered into an entrustment management contract (so-called “the instant contract”) with the Plaintiff, who is a passenger transport business entity, to manage its own operation management rights on its own account, and to pay management expenses, etc. to the Plaintiff. By July 2016, B operated the Plaintiff’s C business office.
B, around September 2015, the Plaintiff was registered as the owner under the instant contract while purchasing vehicles from Nos. 1 and 2.
On September 25, 2015, B representing the Plaintiff entered into a lease agreement with the Defendant with the term of KRW 10,000,000 as to the first vehicle, KRW 2,700,00 as monthly rent (including value-added tax). From September 25, 2015 to September 25, 2018, B paid KRW 10,000 as deposit money to the Defendant, and transferred the first vehicle to the Defendant.
On June 24, 2016, B representing the Plaintiff entered into a lease agreement with the Defendant, setting the deposit amount of KRW 13,500,000, and between June 24, 2016 to June 23, 2020, between the lease and the lease amount of KRW 13,50,000, and the Defendant paid KRW 13,50,000 from the deposit amount to the Defendant.
Until June 25, 2016, the Defendant paid the Plaintiff the rent of the first vehicle through B, but did not pay the rent thereafter.
On January 12, 2017, the Plaintiff filed an application with the Jeonju District Court 2017Kadan109 for provisional injunction on the possession transfer of the first vehicle, and on January 18, 2017, the said court accepted the application for provisional injunction.
Accordingly, on January 24, 2017, enforcement officers cancel the defendant's possession of the vehicle No. 1.