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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. The reasoning of the judgment on the cause of claim is that of the relevant part of the reasoning of the judgment of the first instance, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Judgment on the defendant's assertion
A. The Defendant asserts that the instant automobile is a vehicle provided to rent-a-car business under the Passenger Transport Service Act, and that the Defendant possesses a rent-a-car business license, and thus, it cannot respond
However, since a person who fails to register the rent-a-car business under the Passenger Transport Service Act can register the transfer of ownership by being assigned a new registration number (see Articles 9 subparag. 3, 12(6), and 16 of the Automobile Management Act, Articles 21 and 24 of the Decree on Automobile Registration, and Article 27(1)6 of the Rules on Automobile Registration), the above assertion by the defendant is without merit.
(This conclusion is the same even if the defendant returned the rent-a-car business license).
Then, the defendant defense that the plaintiff cannot respond to the claim of this case until the overdue management expenses, taxes, fines for negligence, etc. are paid to the plaintiff.
In full view of the purport of the argument in Gap evidence No. 3, the plaintiff can recognize the facts constituting 1,080,000 of management expenses to be paid to the defendant. Thus, the plaintiff is obligated to pay 3,240,000 won of management expenses for the three-month period from July 1, 2013 to September 2013, when the defendant's business office was closed (the third pleading of the court of first instance) as requested by the defendant from July 1, 2013, when the defendant's business office was closed.
However, the Defendant’s assertion that the Plaintiff did not pay taxes and administrative fines imposed on the instant automobile does not have any evidence to acknowledge it.
On the other hand, according to the termination of the title trust agreement on motor vehicles, the company's obligation to implement the transfer registration procedure.