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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. Defendant B Co., Ltd. (hereinafter “Defendant B”) is a corporation with the purpose of motor vehicle transport brokerage and consignment management business, and Defendant C is the representative director of Defendant B.
B. Defendant B filed a lawsuit against D with the Cheongju District Court Decision (2015Kadan2399) that “D shall take over the transfer of ownership registration procedure against the instant motor vehicle from Defendant B due to the termination of the entrusted management contract.” On October 28, 2015, the said court rendered a judgment accepting Defendant B’s claim, and the said judgment became final and conclusive around that time.
C. On December 9, 2015, Nonparty D completed the transfer of ownership on the instant motor vehicle.
[Ground of recognition] Facts without dispute, Gap 2, 3, 12 evidence, Eul 1 and 4 evidence (including provisional number), the facts which are obvious to this court, and the purport of the whole pleadings
2. Judgment on the plaintiff's assertion
A. On November 12, 2011, the Plaintiff asserted that the instant automobile was transferred to the Defendants, and the vehicle installment was borne by the Defendant B. However, the transfer contract was prepared in formality with Nonparty D.
Although the Plaintiff had completed the transfer registration of ownership on the instant automobile to Defendant B, the Plaintiff paid KRW 64,334,462 as the vehicle installment due to Defendant B’s failure to bear the vehicle installment, and in the process, paid KRW 2 million as the value-added tax.
In addition, the Defendants did not pay KRW 10 million out of the purchase price of the instant motor vehicle, and operated the said motor vehicle from November 29, 201 to obtain net profit of KRW 1500,000 per month.
Therefore, the Defendants are jointly obligated to pay to the Plaintiff the amount of KRW 76,34,462 (=64,334,462 KRW 10 million) and damages for delay. The Defendants are jointly obligated to pay to the Plaintiff the amount calculated at the rate of KRW 1,50,000 per month from November 29, 201 to the date the delivery of the instant vehicle is completed.
B. The Plaintiff determined the instant automobile to the Defendants.