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(영문) 수원지방법원 2018.01.18 2017나71161

소유권이전등록등

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1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below.

Reasons

1. The reasoning of this court’s judgment citing the judgment of the court of first instance is as follows. This court’s judgment citing the reasoning of the judgment of the court of first instance is identical to the judgment of the court of first instance except where the defendant makes a decision as to the assertion added by this court. Thus, this court’s judgment citing the reasoning by the main sentence of

2. Matters concerning the determination of the special agreement on the conjunctive assertion:

2. Recognition of the right of excessive cost of a vehicle and it shall be the price of a vehicle according to a reduction in the prices proportional to the number of years in the interior of the vehicle;

(Provided, the fact that Plaintiff A paid KRW 40,00,000, and Plaintiff B paid KRW 20,000,000 to the Defendant at the expense of each vehicle beyond the vehicle is as seen earlier, and according to the evidence No. 3, the provision on the payment of the vehicle beyond the vehicle made between Plaintiff B and the Defendant is as follows.

The plaintiffs asserts that the defendant is obligated to return the vehicle excess cost to the plaintiffs pursuant to the above agreement.

On the other hand, the defendant asserts that in the case of vehicle transfer expenses, the entrusted owner operator is paid for the use of the business number, and even if the entrusted management contract is terminated, the entrusted owner operator is not returned from the transportation business operator, but the entrusted owner operator is not obligated to return it because it has the same nature as the premium, and it has no obligation to return it because it has no obligation to return it because it has the same nature as the premium.

According to the following circumstances acknowledged by Gap's evidence Nos. 2, 3, and 7 and the purport of the entire pleadings, it seems that the plaintiffs and the defendant agreed to return vehicle transfer expenses.

(1) Even if the consignment management contract is terminated as seen earlier, the operating number is not transferred to the entrusted borrower, but to the trucking business operator.