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1.The judgment of the first instance shall be modified as follows:
The defendant shall receive KRW 2,55,570 from the plaintiff at the same time.
Reasons
1. Basic facts
A. The Defendant is a company primarily responsible for the transportation business of ordinary cargo, special cargo, etc.
B. Around December 16, 2008, the Plaintiff and the Defendant entered into an entrustment management agreement with the effect that the ownership belongs to the Defendant on the motor vehicle listed in the attached Table (1). However, the Plaintiff, while operating the motor vehicle upon entrustment of the management right, paid a certain amount of management expenses each month in return for the entrustment, and the payment of insurance premiums, taxes, public charges, and fines for negligence is borne by the Plaintiff.
On January 202, the Plaintiff entered into an entrustment management contract with “Irrrrnified Transport Co., Ltd.,” on the motor vehicles listed in the attached Table No. 4 (Co., Ltd.). However, on December 16, 2008, when the transfer of ownership under the name of the Defendant was registered on December 16, 2008, the company involved in the entrustment management contract appears to be changed to the Defendant, and there is no dispute between the parties.
C. On October 21, 2010, the Plaintiff and the Defendant are equally in relation to the motor vehicles listed in the separate sheet (2).
The terms and conditions of the entrustment management contract, such as the entry in the subsection, were concluded.
[Attachment List (1) and (2) collectively, each motor vehicle of this case is "each of the motor vehicles of this case", and each of the above entrustment management agreements with respect to each of the motor vehicles of this case is "each of the motor vehicles of this case"). However, although there is a cargo loading capacity between the motor vehicles listed in the attached Table (1) and the cargo loading capacity, the motor vehicles listed in the attached Table (2) are operated in combination with the plaintiff's freight trucking services. The plaintiff appears to have concluded the entrustment management agreement with the defendant by purchasing the motor vehicle listed in the attached Table (2) on October 21, 2010. This part is also without dispute between the parties.