Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Defendant is engaged in the business of trading of used cars with the trade names of Kucheon-si, Kucheon-si C, 3 Dong 202, and D, and was entrusted with the sale of automobiles listed in the separate sheet E.
B. On October 11, 2016, the Plaintiff, via Defendant’s employees, indicated that the transferor is E in the certificate of automobile transfer (for automobile dealer transaction) of Defendant A’s certificate of automobile transfer (for automobile dealer transaction). However, there is no dispute between the Defendant and the other party to the contract, and in light of the fact that the instant contract is a consignment contract, the counterparty is deemed the Defendant.
On the same day, a sales contract was concluded to purchase a motor vehicle of two million won as stated in the attached list, and two million won was remitted to the defendant's account.
C. Although the Defendant should have included KRW 2.70,000 in the management cost of the consignment vehicle upon the conclusion of the above sales contract, the Defendant confirmed that the Defendant’s employee omitted it and delayed confirmation, and agreed to add KRW 2.70,000 to the management cost in the previous sales contract with the Plaintiff on October 14, 2016.
Accordingly, on October 15, 2016, the Plaintiff additionally remitted management expenses of 270,000 won to the Defendant’s account.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, and purport of the whole pleadings
2. According to the facts of the determination as to the cause of the claim, the Defendant is obligated to implement the procedure for ownership transfer registration on October 11, 2016 with respect to the motor vehicles listed in the separate sheet to the Plaintiff, except in extenuating circumstances. The Defendant is obligated to deliver the said motor vehicle to the Plaintiff.
3. The defendant's assertion and judgment
A. The Defendant’s assertion: (a) even though the Plaintiff agreed to pay 270,000 won to the Defendant on October 14, 2016, the instant sales contract was reversed as it did not pay the management expenses.
② Also, the Defendant disposes of the vehicles listed in the attached list to a third party.