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(영문) 인천지방법원 2017.01.25 2016가단206573
매매대금반환
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. The plaintiff's assertion

A. On May 29, 2015, the Plaintiff terminated a truck B’s respective entry contract with Defendant Young ENS Co., Ltd., and Defendant Young Special Accenture Co., Ltd. on the truck C’s truck. On the same day, the Plaintiff acquired the truck transport business regarding each of the above truck license plates from the Defendants, and paid the Defendants KRW 13,00,000 each of the acquisition price for the truck transport business.

However, without any justifiable reason, the Defendants, without delivering the documents necessary to transfer the above trucking transport business to the Plaintiff, made it clear that the Plaintiff would not transfer the above trucking transport business by using the number plate of the said truck to the other land owners.

Therefore, the Plaintiff cancelled the above trucking transport business contract by delivering a copy of the complaint of this case on the grounds of the Defendants’ nonperformance of obligation. Therefore, the Defendants are obliged to pay the Plaintiff KRW 13,00,000 and delay damages, respectively, to the original state.

B. Since an unfair legal act entry contract can be terminated at any time by a local owner, the Plaintiff who purchased a truck from a local owner owner shall also terminate the truck entry contract with the Defendants, and the Defendants shall be subject to the registration of transfer of ownership as to the truck by settling the management expenses, etc.

However, the Defendants forced the Plaintiff to register the transfer of ownership with respect to the above trucks only when the Plaintiff takes over the above trucking transport business with the economic value of KRW 13,00,000 as a result of the lack of water transport capacity, using the Plaintiff’s old condition that the Plaintiff was unable to lawfully operate the trucking transport business, because the Plaintiff could not enter another trucking transport business entity without the Plaintiff’s registration for the transfer of ownership on the trucking transport business.

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