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1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.
Reasons
1. Basic facts
A. On March 31, 2010, the Plaintiff entered into a car lease agreement with the company for the purpose of the taxi transport business, etc., and with the KSF35 vehicle (hereinafter “the instant vehicle”) that the Plaintiff agreed to lease the instant vehicle with the lease term of 36 months, monthly lease fee of 2,023,200 won. On the same day, the Plaintiff received delivery of the instant vehicle from the KSF, and delivered it to D who delegated the sale of the instant vehicle to D who is engaged in the automobile transaction business.
B. On April 1, 2010, the Defendant, as a motor vehicle dealer, received the instant motor vehicle from D, and hear from C, the same day, the motor vehicle dealer, the notice to sell the instant motor vehicle, and deliver C the instant motor vehicle.
C. From April 2010 to December 2010, the lease fee for the instant vehicle was deposited from the account under the name of E to the account under the name of Kth Capital.
The Plaintiff completed the transfer of ownership under the name of the Plaintiff on July 22, 2013 with respect to the instant vehicle, and thereafter registered as the loss on August 2, 2013, and sold the instant vehicle to F on August 4, 2014.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, Eul evidence Nos. 1, 4, and 5 (including virtual numbers; hereinafter the same shall apply) and the purport of the whole pleadings
2. The Plaintiff’s cause of the instant claim delegated the Defendant, through D, to sell the instant vehicle to a third party in an amount equivalent to KRW 60,00,00,00, and entered into a delegation contract under which the Defendant would bear the lease and insurance premium imposed on the instant vehicle until the instant vehicle is sold to a third party. As such, the Defendant is obligated to keep the instant vehicle in good faith until it sells it to a third party and pay the lease and insurance premium imposed on the instant vehicle.
Nevertheless, it is not possible.