beta
Text
1. The Defendant’s KRW 30,000,000 and its weight shall be the Plaintiff:
(a) From January 23, 2015 for KRW 5,000,000:
(b) 1,00.0
Reasons
1. Determination as to the cause of claim
A. The summary of the Plaintiff’s assertion 1) The Plaintiff’s summary of the Plaintiff’s assertion is C concrete compounding truck (hereinafter “instant truck”) to the Defendant around July 2014.
(2) In selling KRW 30 million to KRW 30 million, the Defendant paid KRW 1 million each month from August 2014, and as such, the Defendant is not obligated to pay the Plaintiff the above purchase price of KRW 30 million and the Defendant’s fee of KRW 60 million for the truck of this case from August 2014 to July 2014, the Defendant is obligated to pay the Plaintiff a total of KRW 36 million and damages for delay. (2) The instant truck of this case’s assertion was owned by the Defendant, not the Plaintiff, but the Defendant’s Dong-born D, and D was subject to title trust with the Plaintiff.
However, the defendant wants to transfer the name of the truck of this case from the plaintiff to the defendant upon request of the defendant, and the defendant only takes over the ownership of the truck of this case from the plaintiff, and the defendant did not have concluded a sales contract with the plaintiff. Thus, the plaintiff's claim is without merit.
B. In full view of the following facts: (a) The Plaintiff sold the instant truck at KRW 30 million among the Defendant around July 2014; (b) the Defendant entered into a contract to pay the Plaintiff the price in KRW 1 million from August 7, 2014 to the Plaintiff (hereinafter “instant contract”); and (c) the Plaintiff transferred the name of the owner of the instant truck to the Defendant on August 7, 2014; and (d) recognized the fact that the instant truck was delivered to the Plaintiff. Accordingly, the Defendant shall pay KRW 30 million under the instant contract to the Plaintiff by the end of August 30, 2014.
B. The plaintiff claimed damages for delay from the day after the delivery of a copy of the complaint of this case to the day of full payment. However, the plaintiff did not claim damages for delay.