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(영문) 인천지방법원 2017.12.14 2017나7811

부당이득반환등

Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

1. Basic facts

A. On October 22, 2014, the Defendant: (a) purchased a large-scale passenger car (excluding value-added tax (excluding value-added tax) for the first registration date; (b) 147,154,545 won (hereinafter “instant vehicle”); and (c) completed the ownership transfer registration on October 22, 2014; (d) concluded a loan agreement with an installment financing institution for installment financing to obtain a loan for the purchase of the instant vehicle; and (e) established a mortgage on the instant vehicle with the said installment financing institution as security on October 23, 2014.

B. On November 15, 2014, the Plaintiff entered into a vehicle operation contract with the Defendant (hereinafter “instant contract”) with the content as follows.

Vehicle Information: A monthly installment of KRW 15,000,000 per annum (Won 155,000,000): (145,000,000) 9.9% 3,073,000 won / A vehicle information for a period of 60 months: A vehicle size and quantity of a vehicle (designated company colored on July 5, 2012) for which registration is made and insurance is subscribed to: A vehicle size and quantity for a vehicle (designated company colored on July 5, 2012): A large bus operated for a period of 45 passengers: November 15, 2014 to April 1.

1. Upon entering into the above contract, the Plaintiff’s payment of KRW 10,000,00 to the Defendant and the vehicle amounting to KRW 145,00,000 shall be divided into sixty-month installments.

Provided, That the value-added tax shall be the cycle of refunding the value-added tax on KRW 0,00 when transferring the instant vehicle to another company under mutual agreement without filing a claim, such as registration fees, acquisition fees, partnership fees, etc.

The present vehicle shall be operated exclusively for the plaintiff, and the present vehicle shall be kept clean and regular inspection and management of the present vehicle.

2. The Plaintiff shall waive all the powers of the instant vehicle and have it returned without any condition to the Defendant when installment payments have been in arrears for not less than five months due to vehicle operation and daily shortage.

3. Service facilities attached to the instant vehicle shall be maintained until the operation of the vehicle is completed.

Cuts, sound facilities, interior decorations, etc.