Text
1. Defendant B Co., Ltd. is paid KRW 18,083,700 from the Plaintiff and simultaneously with the Plaintiff’s payment.
Reasons
Basic Facts
On November 7, 2004, the Plaintiff: (a) reverted to Defendant B Co., Ltd. (hereinafter “B”); and (b) entered into an entrustment management contract (hereinafter “instant contract”) with the content that the Plaintiff would assume the Plaintiff’s obligation to pay a certain amount of management fees every month in return for the entrustment of the instant vehicle’s operation and management right, upon being entrusted with the instant vehicle’s operation and management right by Defendant B; (c) the Plaintiff paid a certain amount of management fees every month in return for the entrustment of the instant vehicle’s operation and management right by Defendant B; and (d) entered into the entrustment management contract (hereinafter “instant contract”).
On February 27, 2007, the Plaintiff transferred KRW 6,000,000 to the personal account under the name of Defendant D, which was the representative director at the time of Defendant B’s transfer.
On December 1, 2006, Jin-si sent to Defendant B an official letter stating that the number plate should be replaced between January 1, 2007 and December 31, 2007 pursuant to the proviso of paragraph (5) of the Addenda of the Ministry of Construction and Transportation notification of the standards for registration number plate, etc.
Defendant D resigned from the representative director of Defendant B on May 15, 2007, and Defendant C was appointed to the above representative director on the same day.
On December 27, 2007, Defendant D and a person in poor name (hereinafter “D, etc.”) found E, who is the Plaintiff’s employee, and removed the number plate of the instant vehicle (hereinafter “instant number plate”). From around two months, E knew that the said D, etc. brought the number plate of the said vehicle to the Plaintiff after the two months.
Defendant B reported the suspension from December 17, 2007 to December 16, 2008 with respect to the instant vehicle on January 14, 2008, and the said Defendant extended the suspension period by January 13, 2009 to December 16, 2009.
On May 14, 2009 and February 22, 2009, the Plaintiff demanded the Defendant B to remove the number plate of this case, and demanded the return of the above number plate and the compensation for losses incurred to the Defendant B.