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(영문) 대전지방법원 2021.02.23 2018가단207523
매매대금반환
Text

1. The Defendant’s KRW 22,842,80 for the Plaintiff and KRW 5% per annum from April 12, 2018 to February 23, 2021.

Reasons

1. Basic facts

A. The Defendant is a prospective borrower who entered into a contract for entering into with E limited partnership companies (hereinafter “E”) with respect to large buses and D large buses (hereinafter collectively referred to as “each of the instant buses”).

B. On August 31, 2017, the Defendant transferred the status of the land borrower as to each of the instant buses to the Plaintiff at KRW 14 million, and up to the completion of the procedure for transferring the status of the land borrower, the Defendant entered into a contract with the Plaintiff (hereinafter referred to as “transport proceeds”) by deducting the expenses incurred in operating buses, such as vehicle monthly pay, parking expenses, vehicle insurance premium, etc., from the transport proceeds (hereinafter “transport proceeds”) from the Defendant, which was punished by the operation of each of the instant buses prior to the completion of the procedure for transferring the status of the land borrower.

On August 31, 2017, the Plaintiff paid KRW 14 million to the Defendant according to the instant transfer agreement, and operated each of the instant buses for the purpose of commuting to the company from the date of transfer to January 2018 after each of the instant buses was transferred.

(d)

As the Defendant did not proceed with the procedure of transferring the status of a land borrower of each of the instant buses, the Plaintiff returned each of the instant buses to the Defendant around January 31, 2018, and the Defendant returned 14 million won to the Plaintiff, but agreed that the transportation profits accrued from the operation of each of the instant buses will vest in the Plaintiff.

[Ground of recognition] Unsatisfy, Gap 1 and 2 evidence, Eul 2 evidence, the purport of the whole pleadings

2. The assertion and judgment

A. Determination on the cause of the claim 1) According to the fact that the transfer contract of this case was terminated on January 31, 2018, the transfer contract of this case was terminated by the agreement on January 31, 2018. Accordingly, upon the termination of the agreement, the Defendant’s transfer price of this case 14 million won to the Plaintiff.

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