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(영문) 수원지방법원 2020.05.19 2019나75204
손해배상(기)
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. On January 2018, the Plaintiff’s summary of the Plaintiff’s assertion entered into a sales contract with the Defendant to purchase cargo number plates (hereinafter “instant sales contract”). Since there was an error in the expenses to be paid to the Plaintiff, and such error was significant, the Plaintiff cancelled the instant sales contract on the ground of mistake or nonperformance of the sales contract, and thus, the Defendant is obliged to return KRW 19,00,000 from the Plaintiff at the same time as the sales price was issued.

2. The Plaintiff’s claim is without merit, inasmuch as there is no evidence to prove that the evidence submitted by the Plaintiff alone concluded a sales contract with the Plaintiff on the number plate of the cargo vehicle.

[Attachment, according to the relevant provisions including Articles 10 and 16 of the Automobile Management Act, the registration number of a motor vehicle is given by the Mayor/Do Governor for the management of the motor vehicle in accordance with Ordinance of the Ministry of Land, Transport and Maritime Affairs, and the registration number plate bearing the registration number number is merely a sign attached and sealed to the motor vehicle, so it cannot be deemed that the right to use the registration number plate or the registration number plate belongs exclusively to an individual. It cannot be deemed that the registration number plate itself separate from the motor vehicle and constitutes an independent property or can not be subject to transfer (see, e.g., Supreme Court Decision 2011Da39793, Nov. 29, 2012). It is not deemed that the above registration number plate was concluded between the plaintiff and the defendant, but it was determined that the plaintiff concluded an entrustment contract and the cargo transportation entrustment contract with the party's brokerage, and thus, the plaintiff's claim should be dismissed as it has no reason, and the judgment of the first instance is unfair, thereby accepting the defendant's appeal and dismissed.

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