Text
1. The Defendant shall pay to the Plaintiff KRW 70,00,000 and the interest rate of KRW 15% per annum from October 12, 2016 to the date of full payment.
Reasons
1. Basic facts
A. The Plaintiff’s Intervenor (hereinafter “ Intervenor”) was registered as the Plaintiff’s Intervenor (hereinafter “ Intervenor”) on both C and D wing C and D wing C (hereinafter “D”).
As to C, the mortgage has been established in the future of the Kti Capital Co., Ltd., and as to D, it was stated that it is an entrusted vehicle invested in kind by the defendant on November 9, 2010.
B. On October 15, 2010, the Plaintiff concluded a sales contract (hereinafter “instant sales contract”) with the Defendant to purchase 250 million won (Hdon E and Trler C) for the purchase price of 250 million won (Hdon part 180 million won, and part of Trler part 70 million won) (hereinafter “instant sales contract”).
The Plaintiff paid the above purchase price to the Defendant from around that time to November 22, 2010. On November 201, 2010, the Plaintiff operated the said vehicle by receiving the said vehicle from the Defendant who was transferred to the Defendant.
C. Since the Defendant’s mortgage established in C around October 201, it is difficult to transfer ownership. On November 28, 2011, the Plaintiff agreed to change the list of the object of the instant sales contract with the Defendant to D instead of C.
The plaintiff entered into an entrustment management contract with the intervenor, and terminated the defendant's entrustment contract entered in the register of automobiles, and registered as an entrusted vehicle in the future of the plaintiff.
The Plaintiff returned C to the Defendant around that time, and operated D with delivery from the Defendant.
On December 2011, the Plaintiff requested the Intervenor to pay C’s repair cost, and requested the Defendant to resolve the above problem.
Since then, the plaintiff had been transferred to the plaintiff instead of D, and the defendant was returned to D by the plaintiff.
On May 28, 2013, the defendant sold D in F amounting to KRW 60 million and delivered D to F around that time.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 6, and Gap evidence 9 to 12.