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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
Reasons
1. The following facts may be found either in dispute between the parties or in full view of the purport of the arguments as a result of the inquiry of facts with respect to Gap evidence Nos. 2, 3, 6, and 8, Eul evidence Nos. 1 and 2, and the head of the court of first instance as a whole.
The plaintiff is a person who engages in a used car sales business, such as large trucks, with the trade name of "G", and the defendant is a person who engages in transportation business under the trade name of "H".
I Co., Ltd. is a company that carries on sea transportation business (passengers and cargo).
B. On November 2013, the Plaintiff sold a Korean commercial truck of 14 tons, which is a large truck for business use, installed with a business license plate and a wing and cargo loading, to the Defendant (hereinafter “instant vehicle”). On November 26, 2013, the Plaintiff registered the transfer under the name of I Co., Ltd., a company to which the Defendant will enter, and received C registration license plate.
C. On November 19, 2013, November 2013, 2013, the Defendant paid KRW 99,965,000 to the Plaintiff out of the purchase price of the instant vehicle.
On the other hand, around September 2013, the Defendant purchased D 11 ton truck from the Plaintiff’s spouse (hereinafter “instant previous vehicle”) in the name of the Defendant’s spouse in KRW 15,00,000, and returned the instant previous vehicle to the Plaintiff.
E. On November 21, 2013, the Plaintiff paid KRW 4,200,000 to I Co., Ltd., and KRW 1,01,540 as the insurance premium of the instant vehicle on November 25, 2013.
In addition, on December 13, 2013, the Plaintiff paid KRW 708,846 to the previous vehicle (one minute), and KRW 2,100,187 to the instant vehicle on December 20, 2013.
2. The assertion and judgment
A. The Plaintiff agreed with the Defendant to pay the number plate purchase cost and the wing installation cost in addition to the vehicle purchase cost at the time of concluding the instant vehicle sales contract. As such, the instant vehicle sales cost = KRW 123,200,000 for the purchase price of KRW 4,200,000 for the vehicle sales cost of KRW 100,000 for the vehicle sales cost.