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All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On September 2019, the Plaintiff was recommended by the Defendant to leave the freight truck and deliver the goods.
On October 8, 2019, the Plaintiff purchased D. 8.5 tons of the D. D. D. D. C. Co., Ltd. (hereinafter “C”) owned by the Defendant from the Defendant (hereinafter “C”). The Plaintiff acquired the instant cargo vehicle’s management right and leased the number plate for business use, and entered into a contract for the lease of the automobile management number plate (hereinafter “instant contract”) with the content that the ownership transfer registration of the instant cargo is to be registered in the name of the witness company. At that time, the Plaintiff received KRW 90 million from E Co., Ltd. with respect to the instant cargo vehicle.
C On October 11, 2019, the title transfer registration was completed to FF Co., Ltd. with respect to the instant cargo vehicle by a private witness under the instant contract.
On October 22, 2019, the Plaintiff acquired the instant cargo vehicle and performed the freight transport business using the instant cargo vehicle from October 23, 2019.
On November 7, 2019, the Plaintiff filed the instant lawsuit with the Defendant and C as the joint Defendant. On December 20, 2019, the Plaintiff purchased again the instant cargo vehicles with C and C, and the Plaintiff agreed to withdraw the instant lawsuit against C. Accordingly, the Plaintiff withdrawn the instant lawsuit against C on January 14, 2020.
[Ground of recognition] Unsatisfy, Gap 1, 2 and 3 evidence (including each number), the purport of the whole pleadings
2. Determination as to a claim for restitution and a claim for damages following cancellation
A. The Plaintiff’s assertion is a contract under which not only the ownership of the instant cargo but also the number plates and jobs for business use are traded. The Defendant, at the time of entering into the instant contract, centered on the Plaintiff’s conditions of service, focusing on the income security of KRW 9 million through KRW 10 million per month, and the place of residence.