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1. As regards Defendant C’s KRW 26,00,000 and KRW 13,000 among them, Defendant C shall be KRW 1,00,000 from May 28, 2014 to the Plaintiff.
Reasons
1. Facts of recognition;
A. Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a corporation that is engaged in automobile rental business, etc., and Defendant C is registered as an internal director of the Defendant Company.
B. Around May 2014, Defendant C transferred the instant vehicle owned by the Defendant Company to the Plaintiff for use, and the Plaintiff paid KRW 60,000 per month, as management expenses, to Defendant C, the sum of KRW 13,000,000 from May 22, 2014, the vehicle price of which is KRW 11,00,000,000, and from June 16, 2014 to May 19, 2015. After delivery of the instant vehicle, the Plaintiff paid KRW 60,000 per month as management expenses.
C. The instant vehicle is a vehicle first registered as owned by the Defendant Company on January 24, 2014, and the Defendant Company obtained a loan from Hyundai Capital Co., Ltd. (hereinafter “Modern Capital”) at the time of purchasing the instant vehicle, and the instant vehicle was subject to a mortgage in the future of Hyundai Capital Capital.
The instant vehicle loan against Hyundai Capital began to be in arrears from December 2015, and the Defendant Company sold the instant vehicle after collecting the instant vehicle from the Plaintiff around July 7, 2016.
E. On the other hand, around August 2016, Defendant C transferred the instant vehicle owned by the Defendant Company to the Plaintiff on May 28, 2014. While the instant vehicle was in the name of the Defendant Company, the instant vehicle was in the name of the Defendant Company, the Plaintiff paid in full KRW 26,00,000, and thus, it is verified that it actually owned by the Plaintiff.
“Preparation and delivery of a confirmation document to the effect that it is.”
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, 5, 10, Eul evidence Nos. 5 and the purport of the whole pleadings
2. On May 28, 2014, the Plaintiff asserted that the instant vehicle was acquired and used under the condition that the Defendants pay KRW 26,000,000 as the purchase price, and KRW 60,000 as the monthly management fee, and the Plaintiff was 50% of the shares of the Defendant Company as the registration director of the Defendant Company and the Defendant Company.