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1.The judgment of the first instance, including any amendments and claims added at the trial, shall be modified as follows:
Defendant B.
Reasons
1. Basic facts
A. On November 7, 2004, the Plaintiff reverted to Defendant B the title of ownership on the instant motor vehicle. While the Plaintiff operated the instant motor vehicle upon entrustment from Defendant B, it paid monthly management expenses to Defendant B in return for the entrustment of operation and management rights, and entered into an entrustment contract (hereinafter “instant contract”) with the content that the Plaintiff is liable to pay taxes, public charges, insurance premiums, penalty charges, etc. related to the instant motor vehicle, such as tax and public charges, insurance premiums, and penalty charges, etc. related to the instant motor vehicle.
B. On December 2006, Jinju sent to Defendant B an official letter stating that the number plate should be replaced between January 1, 2007 and December 31, 2007 pursuant to the proviso of paragraph (5) of the Addenda of the Ministry of Construction and Transportation’s notification of the standards for registration number plate, etc.
C. On February 27, 2007, the Plaintiff remitted KRW 6,000,00 to Defendant D’s personal deposit account in the name of the representative director at the time of Defendant B’s transfer.
Defendant D resigned the representative director of Defendant B on May 15, 2007, and Defendant C assumed office as the representative director of Defendant B on the same day.
E. On December 27, 2007, Defendant D, a director of Defendant B, found E, an employee of the Plaintiff, and removed the number plate of the instant vehicle (hereinafter “instant number plate”).
F. On January 11, 2008, Defendant B reported the suspension of the instant automobile from December 17, 2007 to December 16, 2008 at the Jinju, and thereafter extended the said suspension period to December 16, 2009. November 22, 2011, Defendant B reported the suspension of the instant automobile from November 21, 201 to November 20, 201, and reported the suspension of the suspension of the period from November 21, 2012 to November 20, 201.
G. On May 14, 2009 and May 22, 2009, the Plaintiff asserted that the instant license plate is removed from Defendant B, and the said license plate is returned.