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(영문) 의정부지방법원고양지원 2016.05.13 2014가단34198
물품대금
Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

(a) As to the share of 99/100 of the motor vehicles listed in the separate sheet.

Reasons

(The principal lawsuit and counterclaim shall be deemed to be combined)

1. Basic facts

A. The term “D” is a business entity that runs the wholesale and retail business of various food materials, and the Plaintiff is registered with the business entity, and the Defendant is a person who directly or with a third party run the headquarters (F branches), G points, H points, I points, etc. in the trade name of “E”.

B. The Plaintiff’s wife is K and South Korea’s husband, and the J, around 2011, jointly operated the Defendant’s “I” and “I” with the Defendant, the Defendant’s husband divided the profits equally.

C. The vehicles listed in the separate sheet (hereinafter “instant vehicles”) share 1/100 shares, and the Defendant share 9/100 shares, respectively. The Plaintiff used the said vehicles to purchase food materials at the agricultural and fishery products wholesale market and supplied them to each of the respective branches of “E”.

【Ground for Recognition: Facts without dispute, Gap evidence 1, 2, 15, 16, 17, 18, and Eul evidence 2-1, the purport of the whole pleadings

2. Summary of the parties' arguments;

A. (1) The Plaintiff (1) is primarily owned by the Plaintiff, and the instant vehicle is owned by the Plaintiff, and is title trust of 99/100 shares to the Defendant.

Since the title trust agreement is terminated by serving the written application for the change of the purport and cause of the claim submitted by the Plaintiff on June 19, 2015, the Defendant is obligated to perform the procedure for the registration of ownership transfer and deliver the instant vehicle to the Plaintiff.

(B) Preliminaryly, if the instant vehicle is owned by the Defendant, KRW 15,062,50,000 for the vehicle that the Plaintiff owned as the person eligible for the deduction from the price of the goods was incurred by the Defendant without any legal cause, and thus, the Defendant is liable to pay the Plaintiff KRW 15,062,50 and the damages for delay.

(2) The Plaintiff’s primary and conjunctive claim for the purchase price of goods is a variety of food materials from January 201 to November 2012 to the Defendant operating the “E headquarters” while operating the “D.”

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