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1. The Plaintiff’s sales contract for the motor vehicles listed in the separate sheet dated March 24, 201 against the Defendant is based on the sales contract.
Reasons
1. Basic facts
A. On March 24, 2011, the Plaintiff: (a) purchased the instant vehicle from Habin to Habin Co., Ltd. (hereinafter “Habin”) by designating and purchasing the instant vehicle as follows in order to operate the instant vehicle as indicated in the separate sheet (hereinafter “instant vehicle”).
- Trading amount: 7,200,000 - Contract bond: 42,200,000 won - Balance: 35,000,000 won (per 36 months installments)
B. As above, although the Plaintiff agreed to pay the balance of the instant vehicle in a 36-month installment, it was actually 48-month installment (monthly installment 992,806). The Plaintiff paid the Haurian 992,806 won each month for 34 months from April 2011 to January 2014.
C. Around March 28, 2014, the Defendant acquired 30 vehicles and passenger transportation services, including the instant vehicle, from 40 vehicles from Habon from Habon, and completed the registration of transfer in the name of the Defendant as to the instant vehicle on April 22, 2014.
[Reasons for Recognition] Evidence Nos. 1 through 3, Evidence No. 1, and the purport of the whole pleadings
2. The Plaintiff asserted that the remainder payment of the instant vehicle was KRW 1,89,284 according to the sales contract on March 24, 2011, as well as that paid as stated in paragraph 1-b, and on May 7, 2014, the Plaintiff transferred KRW 2 million to the Defendant’s account, and asserted that the remainder payment of the instant vehicle was KRW 11,89,284 according to the sales contract on March 24, 201. The Defendant asserted that the said KRW 2 million was paid as the installment of the instant vehicle, and that the remainder payment of the instant vehicle was KRW 13,89,284.
In full view of the purport of the argument in Gap evidence No. 6, the plaintiff could recognize the fact that the plaintiff remitted 2 million won to the defendant's accounting employee B's account on May 7, 2014. However, there is no dispute between the parties that the plaintiff and the defendant did not pay the management fee, administrative fine, and insurance premium of the vehicle of this case, and the plaintiff stated that the plaintiff was present on the third date for pleading of this case on January 23, 2015 and remitted the above 2 million won to the repayment of the unpaid management fee. Thus, the plaintiff stated that the plaintiff was present on the third date for pleading of this case.