beta
Text
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. Basic facts
A. The defendant is a person who carries on cargo transportation business in the trade name of "C".
B. On October 2, 2015, the Defendant entered into a loan agreement with a new card Co., Ltd. (hereinafter “new card”) under which the Defendant borrowed KRW 230,000,000 and repaid the principal and interest in installments each month for 69 months. Around that time, the Defendant purchased D Cargo Vehicles (hereinafter “instant truck”).
C. On November 23, 2015, with respect to the instant cargo vehicle, a mortgage was registered in the amount of KRW 230,000,000 with respect to the credit card of the mortgagee, the debtor, the defendant, and the bond value.
On January 1, 2017, the Plaintiff entered into a contract with the Defendant to pay the monthly rent of 4,054,220 won, 335,000 won, and the fee for the receipt of the cargo and the oil according to the receipt of the cargo of this case. The contract prepared at the time includes the following:
(hereinafter referred to as the “instant contract”). The Defendant, transferee: The Plaintiff, and the guarantor: E transaction details - Automobile registration number: F - The number of chassis: F: 18,00,000 (payment at the time of a contract) - The date of delivery of a motor vehicle: January 1, 2017: the Defendant delivers documents necessary for the registration of motor vehicle and the transfer of ownership to the Plaintiff in exchange for the remainder of payment.
Article 3 (Liability for Public Charges) Taxes and public charges on motor vehicles shall be borne by the defendant as of the delivery date of the motor vehicle, and the portion from the following day after the basic date shall be borne by the plaintiff.
Article 4 (Liability for Accidents) The Plaintiff shall be liable as a person who operates his/her vehicle for all accidents that occur at the time of acquisition of the vehicle.
Article 6 (Liability for Registration in Arrears) The registration of transfer shall not be made within the fixed period after the plaintiff acquired the objects of sale.