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1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)
(a) deliver a motor vehicle listed in Appendix 1;
(b) above;
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On November 20, 2015, the Plaintiff paid KRW 33,80,00 as repair cost for a motor vehicle listed in the attached Table 2 (hereinafter “the instant motor vehicle”). On the same day, the Plaintiff completed the transfer of ownership on the said motor vehicle.
On November 30, 2015, the Plaintiff paid KRW 4 million to the Defendant under the name of part expenses for DNA automobiles in this case.
B. Around January 2016, the Plaintiff entered into an agreement with the Defendant to take over the lease contract of the said automobile under the name of the Plaintiff with respect to the automobiles listed in the separate sheet 1 (hereinafter “instant car”). Around January 2016, the Plaintiff and the Defendant agreed to sell the unpaid lease fee and the repair fee and then divide the profits derived from deducting the unpaid lease fee and the repair fee from the sales price (hereinafter “instant agreement”).
On February 15, 2016, the Plaintiff paid KRW 17 million to the Defendant as part expenses of the instant Pesta vehicle.
C. On February 1, 2016, the Plaintiff filed an application for succession to a lease agreement with Mez Comprehensive Financial Securities Co., Ltd. (hereinafter “Mez Financial Securities Co., Ltd.”). On March 23, 2016, the Plaintiff and Mez Co., Ltd. entered into a lease agreement with the Plaintiff on the amendment of the existing lease agreement on the instant Mez gold and the instant Mez motor vehicle (hereinafter “the instant lease agreement”).
Lease or environmental improvement charges of 8,487,200 won / 97,500 won / 97,500 won / 97,500 won / 97,500 won / 97,584,700 won 8,584,700 won 8,584,700 won /7,700 won for the lease period of 17 months, 192,689,810 won
D. On April 2016, the Plaintiff did not sell the instant paint to the Defendant to a third party, unlike the instant agreement, and incurred the lease and repair cost remaining under the instant lease agreement.