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1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)
(a) sell and purchase motor vehicles listed in the separate sheet;
Reasons
1. Basic facts
A. On March 2014, the Defendant: (a) returned to Korea from Malaysia; and (b) sold to the Plaintiff the automobiles listed in the separate sheet, which Malaysia was on board (hereinafter “the instant automobiles”).
At the time of the above sales contract, the remainder of the automobile installment cost borne by the Defendant for the instant automobile was about 86,692 Malaysia when it was paid in lump sum.
The Plaintiff and the Defendant determined the purchase price as KRW 30 million, taking into account the balance of the above loan and the current exchange rate, and paid on March 3, 2014, KRW 10 million out of KRW 30 million, and paid the remainder by the end of June 2014.
B. On March 3, 2014, the Plaintiff paid KRW 10 million to the Defendant according to the above sales contract.
However, there is a difference between the plaintiff and the defendant regarding the subsequent payment of the purchase price, and the plaintiff did not pay the balance of the purchase price of the instant motor vehicle to the defendant by the end of June 2014.
Instead, from April 2014, the Plaintiff paid the installment payment of the instant vehicle to the Bank (MAYNK), a loan bank, and repaid the remainder installment payment to the Bank on May 29, 2017.
[Based on the recognition] A without dispute, Gap evidence Nos. 10, 14, 16, 17 (including additional number), Eul evidence Nos. 2, Eul's testimony, the whole purport of pleadings [the plaintiff and defendant] of Gap evidence Nos. 10 and Eul evidence Nos. 2 are different to the purport that the whole pleadings are altered. The vehicle loan certificate (Evidence No. 10) submitted by the plaintiff as evidence in this case is attached Form 1, and the vehicle loan certificate (Evidence No. 2) submitted by the defendant is attached Form No. 2.
According to the statement of each of the above loan certificates, the defendant's passport number is stated in No. 2, but the defendant's passport number is not stated in No. 10, and the defendant's name is stated in the two loan certificates.