손해배상(기)
1. The Defendant shall pay to the Plaintiff KRW 70,997,450 and the interest rate of KRW 15% per annum from March 31, 2018 to the date of complete payment.
1. Facts of recognition;
A. On July 28, 2015, the Plaintiff concluded a transfer contract with the Defendant Company (the trade name before the change; E Co., Ltd.) and the trucking transport business right using the trucking transport business (hereinafter “instant trucking transport business right”) listed in the separate sheet (However, at the time of the transfer contract, the registration number of the instant truck was F; hereinafter “instant trucking transport business”).
(hereinafter “instant transfer contract”). B.
In order to run trucking transport business, permission for trucking transport business is obtained from the Minister of Land, Infrastructure and Transport in accordance with Article 3 (1) of the Trucking Transport Business Act. Since the instant truck (F) was improperly changed from a special-purpose-type vehicle (tank) that is permitted to be supplied on September 30, 201 to a general truck, it was not subject to permission for trucking transport business at the time of the instant transfer contract.
C. The Plaintiff and the Defendant Company concluded the instant transportation business right transfer contract, and agreed that the Defendant Company shall be liable for administrative disposition or transfer registration requirements incurred prior to the date of delivery of the automobile and other administrative defects.
(Article 5. D.)
From July 13, 2015 to August 28, 2015, the Plaintiff paid KRW 38,500,000 for the transfer price of the instant transportation business right to H account under the name designated by G, which is a substantial private shareholder of the Defendant Company, to H.
(However, in order to reduce the tax burden, such as registration tax, the transfer price was stated as “free of charge” in the instant truck transfer contract.
On August 4, 2015, after completing the transfer registration of ownership in the name of the instant truck, the Plaintiff carried on trucking transport business by attaching the registration plate (F) of the instant truck to the instant truck (TRGO) vehicle owned by the Plaintiff after completing the transfer registration of ownership in the name of the instant truck, on August 19, 2015.
E. The Plaintiff was improperly changed on July 21, 2017.