(영문) 대전지방법원천안지원 2017.05.30 2016가단112729

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(영문) 대전지방법원천안지원 2017.05.30 2016가단112729

소유권에 기한 인도청구의 소

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1. The defendant shall deliver to the plaintiff a motor vehicle listed in the attached list and a skiing rkidr.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Basic facts

A. On March 2013, the Defendant, who run a two-way farm, entered into an entrustment contract with the Plaintiff on the following terms: (a) received new pigs from the Plaintiff for five (5) years; and (b) received a certain weight of fats, and subsequently transferred the fats to the Plaintiff upon receiving the entrusted management cost (hereinafter “instant entrustment contract”).

B. The Defendant requested the Plaintiff that it is necessary to perform duties under the instant consignment contract, and the owner of the vehicle and the owner of the installment are the Plaintiff, but the Defendant paid KRW 1 million per month to the Plaintiff until the full principal and interest under the installment contract for the vehicle between the Plaintiff and the financial company are paid. In the event the Defendant paid the full principal and interest of the installment for the vehicle as above, the Plaintiff agreed to transfer the ownership of the vehicle to the Defendant (hereinafter “instant agreement”).

C. On May 14, 2013, in accordance with the instant agreement, the Plaintiff borrowed KRW 36 months, interest rate of 19% per annum, interest rate of 21% per annum, and interest rate of 15,00,000 from the Dongyang Life Insurance Co., Ltd. to purchase a skiing car, and thereafter received a loan from the Defendant by stipulating that the principal and interest shall be repaid in equal installments. Around that time, the Plaintiff purchased and delivered the skiing car listed in the separate sheet to the Defendant. Around November 21, 2013, the Plaintiff borrowed KRW 60 months, interest rate of 7.9% per annum, and the principal and interest shall be repaid in equal installments, and around that time, transferred the Plaintiff as owned by the Defendant.

On March 2014, the Plaintiff notified the Defendant of the termination of the instant consignment contract.

E. The Defendant: (a) KRW 910,286 on December 13, 2014; (b) KRW 549,840 on December 29, 2014; and (c) around March 2, 2015.

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