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1. The Defendant (Counterclaim Plaintiff) received KRW 36,547,00 from the Plaintiff (Counterclaim Defendant) simultaneously.
Reasons
1. We also examine the principal lawsuit and counterclaim.
A. The Plaintiff’s operation (1) operated Maccar business entity (hereinafter “C”) and transferred C’s management right to E on June 2014, when the Plaintiff was operating C Co., Ltd. (hereinafter “C”).
(2) The Plaintiff and C entered into an entrustment management agreement with the Plaintiff to place the registered name of the automobile in the name of C during the said transfer process, and to bear various expenses, such as installment, insurance premium, etc., while operating a siren business by using the said automobile.
(3) Even after transferring the management right of C to E, the Plaintiff entered into an entrustment management agreement with C with six cars additionally purchased in the name of C (hereinafter referred to as “foreign cars”).
B. On July 8, 2014, the new registration of the instant vehicle with the Defendant as its owner was completed on July 8, 2014 with respect to the FNAS vehicle listed in the [Attachment List (hereinafter “instant vehicle”).
(2) The instant vehicle was purchased on the condition that 48,857,600 won in total, including 40,144,140 won in advance, and 48,857,600 won in advance, including 3,857,600 won in advance, were paid in 1,827,400 won per month for 24 months.
(3) On July 16, 2014, the Plaintiff paid the said advance payment to Hyundai Motor; the Defendant paid the said advance payment in August 2014, September, and December, respectively; and KRW 1,827,90 in January 2015; and KRW 7,310,100 in total, including KRW 1,828,40 in January.
(4) The Plaintiff, like Nonparty 1, used the instant vehicle for rental car business, and paid each insurance premium for the instant vehicle on July 2014 and July 2016.
C. (1) On June 12, 2015, the Plaintiff and Defendant Management’s relationship (1) borrowed KRW 159 million from H with the introduction of the Defendant representative director G for the payment of installment payments, taxes, etc. for the Non-Party Motor Vehicles and the instant motor vehicles, and then, as the creditor of G on June 16, 2015 in relation to the said borrowed amount.