1. The Defendant’s KRW 61,972,80 for the Plaintiff and KRW 5% per annum from May 24, 2015 to July 9, 2015.

Basic Facts

A. A. Around June 2009, the Defendant entered into an agreement with the Plaintiff on the ownership of the Plaintiff and CJ 4.2 (hereinafter “instant vehicle”) on the condition that the ownership of the instant vehicle belongs to the Plaintiff externally, but the Defendant, while managing and operating the instant vehicle, entered into an agreement with the Plaintiff to bear all expenses, such as the installment for the instant vehicle, automobile tax, administrative fine, and secured obligation.

(hereinafter “instant title trust agreement”). The Plaintiff completed the ownership transfer registration of the instant motor vehicle under the Plaintiff’s name in accordance with the instant title trust agreement.

B. However, unlike the instant title trust agreement, the Defendant operated the instant automobile without entirely bearing the installment payments for the instant vehicle, automobile tax, administrative fine, and secured obligation for the instant automobile. During that period, the Defendant imposed the Plaintiff the automobile tax of KRW 3,639,180 in total, and the administrative fine of KRW 1,333,620 in total due to the Defendant’s traffic offense. In addition, the Plaintiff bears KRW 42,00,000 in the instant vehicle installment liability for the instant automobile against C&A lessee, and KRW 15,00,000 in each of the secured obligation for the instant automobile against D.

C. On September 16, 2014, the Plaintiff filed a lawsuit claiming the acquisition of the ownership transfer registration against the Defendant by serving a duplicate of complaint to the effect that the instant title trust agreement was terminated ( Daejeon District Court Seosan Branch of the Daejeon District Court). On January 15, 2015, the said court rendered a judgment ordering that “the Defendant shall accept from the Plaintiff the transfer registration procedure for the instant automobile on the ground of the termination of title trust on November 27, 2014,” and the said judgment became final and conclusive on January 30, 2015.

[Ground of recognition] The entry of evidence Nos. 1-1, 2, and 2-10, and the purport of the whole pleadings

A. According to the above facts, the Defendant’s instant title trust agreement was followed.