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(영문) 인천지방법원 2016.10.18 2016나52180
사용료
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

Reasons

1. Determination as to the cause of claim

A. (1) On February 13, 2014, the Plaintiff: (a) delegated the Defendant with the sale, etc. of used cars (hereinafter “instant vehicle”); and (b) the Defendant accepted it; and (c) the main contents of the delegation agreement concluded between the two parties (hereinafter “instant delegation agreement”) are as follows.

- - A - The plaintiff shall delegate all of the actions to the defendant in a disposal case, such as the sale of the vehicle in this case.

The Defendant, who is the Plaintiff, shall transfer 2.5 million won to the Plaintiff’s account of the Bank (including the installment on February 26) and shall be liable for the remittance of KRW 1,630,990 as of the 20th day of each month.

The plaintiff shall not raise any problem other than monthly installments, taxes and public charges, and vehicles.

(2) On February 14, 2014, the Defendant received the instant vehicle from the Plaintiff and had C pay the vehicle installment, etc. while operating the instant vehicle.

(3) However, as C did not pay the vehicle installment on time, the Defendant recovered the instant vehicle from C on May 2014 to operate and store the instant vehicle, and returned the instant vehicle to the Plaintiff on August 29, 2014.

(4) From February 14, 2014, when the Plaintiff delivered the instant vehicle to the Defendant from February 14, 2014 to August 29, 2014, the Defendant returned the instant vehicle to the Plaintiff, including various expenses (including the details of the Plaintiff’s disbursement of KRW 200,000 as repair cost on November 2, 2014 regarding vehicle damage incurred before returning the instant vehicle) incurred by the Plaintiff, and when arranging the details of the money remitted by the Defendant to the Plaintiff with the vehicle installment, the details of the instant vehicle related settlement are as indicated in the attached Form.

[Ground of recognition] The fact that there is no dispute, entry of Gap's 1 through 7 (including tentative number) and the purport of whole pleading

B. According to the above facts of recognition, the defendant on February 14, 2014 pursuant to the delegation contract of this case.

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