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(영문) 부산지방법원 2016.10.11 2015가단2559
손해금반환
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 375,380 to the Plaintiff (Counterclaim Defendant) and the Plaintiff’s objection thereto from January 17, 2015 to October 11, 2016.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. D, which was the Plaintiff’s wife, concluded a sales contract on the instant vehicle (hereinafter “instant vehicle”), and 1) the date following the conclusion of the registration of transfer of ownership on the instant vehicle as of April 1, 2013, was the Plaintiff, but the actual owner of the instant vehicle was the Plaintiff. (ii) At the time of the registration of transfer, the instant vehicle register stated that the transfer of the instant vehicle is prohibited until July 4, 2017. As to the instant vehicle, KRW 45 million was the claim value, KRW 2,00,000,000 for the instant vehicle (hereinafter “the instant vehicle”), and the registration of transfer of the instant vehicle as the Plaintiff (hereinafter “the registration of establishment of the instant vehicle”).

3) On November 201, 2013, the Defendant purchased the instant vehicle from the Plaintiff for KRW 95 million, including the price of the car number plate for business use. The Defendant paid KRW 84,735,59 in total to the Plaintiff on behalf of the Plaintiff, and KRW 10,264,400, which was calculated by deducting the above KRW 84,735,59 from the above KRW 95,000, and KRW 10,264,400 at the time of settling the remainder after deducting the above KRW 84,59 from the above KRW 95,00,000, the Defendant, instead of paying the Plaintiff the above KRW 10,264,40, the transportation charges incurred from the instant vehicle and the F Tracter vehicle as indicated in the attached transportation fee payment statement, and the amount paid by the Plaintiff to the Plaintiff as advance payment, is the difference between the amount paid by the Defendant and KRW 10,264,507,402,400.

(4) However, in the case of a vehicle license plate for business purposes, the transfer and acquisition of the instant vehicle was legal within two years after acquisition.

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