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(영문) 울산지방법원 2015.02.04 2014나5562
자동차소유권이전등록절차이행
Text

1. The appeal against the principal lawsuit by the Defendant (Counterclaim Plaintiff) is dismissed.

2. The defendant (Counterclaim plaintiff) raised in the trial.

Reasons

1. The reasoning of the court’s explanation concerning the main claim of this case is identical to the judgment of the court of first instance, and thus, it is acceptable to accept it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Judgment on the counterclaim

A. In order to maintain the allegation and the consignment management contract, the Plaintiff was awarded a discount of KRW 65,00 per month to the Plaintiff. However, since the Plaintiff terminated the above consignment management contract as the instant lawsuit, the Plaintiff is obligated to pay KRW 7,280,00 (i.e., discounted monthly admission fees or damages for breach of contract (i.e., KRW 65,00 per month at discount x September 4, 2014).

Therefore, the Defendant, as a counterclaim, sought payment of KRW 7,280,000 to the Plaintiff at the same time as the registration procedure for ownership transfer concerning the instant automobile.

B. First of all, as to whether there was an agreement or condition as alleged by the Defendant in the consignment management contract between the Plaintiff and the Defendant, it is insufficient to recognize that there was an agreement between the Plaintiff and the Defendant on the payment of the rent at a discounted rate for the purpose of maintaining the consignment management contract, and there is no evidence to support the Defendant’s assertion otherwise.

The defendant's counterclaim is without merit without examining any further claim.

3. The plaintiff's claim of this case is justified, and the judgment of the court of first instance is just, and the defendant's appeal as to the main lawsuit is dismissed as it is without merit, but the defendant's counterclaim claim raised in the court of first instance is dismissed as it is without merit.

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