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1. The defendant (Counterclaim) who exceeds the following money among the part concerning the main lawsuit of the judgment of the court of first instance.
Reasons
1. The scope of the trial in this Court claimed against the Defendant as follows: (a) the acquisition of the transfer of ownership registration procedure for each of the instant trucks, the compensation for damages, and the return of unjust enrichment relating to the land entry fees, etc.; (b) the Defendant sought against the Plaintiff as a counterclaim the payment of freight charges, the vehicle number plate value, and the stable amount; and (c) the court of first instance accepted each of the claims for the acquisition of the transfer of ownership registration procedure, the compensation for damages, and the part of the counterclaim and the part of the claim for return of unjust enrichment, and dismissed all the remainder
In this regard, since only the defendant appealed on the part of the claim against him and the part of the claim for payment of the value of the vehicle number plate among the counterclaim claims, the part of the claim for payment of freight and the amount of money reduced shall be excluded from the judgment of the court.
2. Determination on the principal lawsuit and counterclaim
A. We examine both a principal lawsuit and a counterclaim.
1) On August 23, 2011, the Plaintiff and the Defendant: each of the cargo vehicles listed in the separate sheet Nos. 1 and 2 (hereinafter “each of the instant cargo vehicles”).
(2) The Plaintiff’s management and operation of each of the instant cargo vehicles entrusted by the Plaintiff, thereby paying various expenses to the Plaintiff (hereinafter “instant entrustment contract”) instead of registering ownership in the form of purchasing the Defendant’s expense and investing in kind to the Plaintiff.
(A) The main contents of Article 2 are as follows (hereinafter referred to as “A” are as follows, and Article 2 is as follows, and as for each of the instant cargo, it is entrusted with the management right, along with the number of each business vehicle.
Article 3. The term of this contract shall be indefinite.
Provided, That where the cancellation is requested, it shall be notified in writing the other party that the cancellation will be cancelled at least one month prior to the cancellation, and the notified party shall comply with the cancellation.
Article 4 (B) shall be from A during the contract period.