손해배상(기)
1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) amounting to KRW 14,290,084 and its amount from January 2, 2017 to July 9, 2019.
The principal lawsuit and counterclaim shall be judged together.
1. Facts of recognition;
A. On August 2016, Plaintiff A entered into and rescinded the instant first contract with the Defendant (actual owner: D) who is a freight forwarder around the end of August, 2016, as indicated in the attached Form, which is a used vehicle (hereinafter “instant vehicle”).
The title of ownership shall vest in the Defendant with respect to the operation and management of the foregoing motor vehicle, and the following entry contract with the content that the Defendant is entrusted with the operation and management of the said motor vehicle and is entrusted with transportation services by the Defendant and that the Defendant is charged with transportation charges after deducting the prescribed fees (hereinafter “the first agreement of this case”).
(A) A) Transport Services: 35,000,000 won in total as the sales price for the instant vehicle and the instant vehicle and any incidental expenses, such as vehicle license plate, registration tax, insurance premium: 35,000,000 won in total: 200,000 won in monthly payment for E (main customer: FC) service: from September 5, 2016 to October 7, 2016, Plaintiff A paid the Defendant KRW 35,00,000 in total as the sales price for the instant first resort contract (i.e., 15,00,000,000 won in total as the sales price for the instant vehicle provided as security).
(3) Upon delay in the allocation of transportation services by the Defendant, Plaintiff A requested the rescission of the instant first contract on November 4, 2016. On November 7, 2016, the Defendant agreed to return KRW 5,000,000, which was a part of the sales price, to Plaintiff A on November 7, 2016 and agreed to return the remainder by January 1, 2017.
Accordingly, on November 7, 2016, Plaintiff A transferred the instant vehicle to the Defendant.
B. The Plaintiff B entered into the instant secondary contract with the Defendant with a view to establishing the aforementioned form of land entry contract with respect to the instant vehicle (hereinafter referred to as “instant secondary contract”) and entered into the following contracts (hereinafter referred to as “instant secondary contract”).
(A) A) On November 30, 2016: Sales contract: All incidental expenses, such as the instant vehicle and vehicle number plate for business use, registration tax, insurance premium, etc.