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1. The plaintiff's claim of this case is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Around May 2014, the Plaintiff and the Defendant Company concluded a contract to purchase B vehicles in the name of the Defendant Company, deducting various expenses, such as vehicle installments, insurance premiums, and expenses for entry management, from the sales generated by the Plaintiff from the operation of the vehicle, and to pay the remaining amount to the Plaintiff.
The Plaintiff: (a) operated the said vehicle from May 16, 2014 to December 31, 2014; and (b) entered into an entry contract in the same form with the said vehicle (hereinafter “each of the instant vehicles” in combination with the said land entry contract) and operated the said vehicle from September 5, 2014 to December 31, 2014.
The Plaintiff tried to take over each of the instant vehicles from around November 2014, but failed to take over, and on March 11, 2015, the Defendant Company sent to the Plaintiff the phrase “at the time of the transfer documents for each of the instant vehicles, but the answer was omitted, and the premium for the vehicle was unpaid, so it is deemed that the Plaintiff renounced the ownership of the vehicle and will take over the vehicle,” and collected the vehicle on that date, each of the instant land entry contracts was terminated.
B The loan amounting to 85,00,000 won is 58 months lease, and C vehicle is 184,956,000 won for 36 months lease.
【Ground for Recognition: Each entry of Gap evidence 1 to 3 (if any, including paper numbers)
2. The parties' assertion
A. The contents of the Plaintiff’s assertion of each of the instant vehicles are as follows. Each of the instant land entry contracts was terminated and terminated, and the Defendant Company (hereinafter only the Defendant) collected each of the instant vehicles. As such, the Plaintiff collected KRW 17,264,684 regarding B vehicles, KRW 7,76,248 for C vehicles, KRW 25,042,932, which is the sum paid by installment payments, and KRW 20% per annum from the following day to the day of full payment.