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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Basic facts
A. The vehicles listed in the separate sheet (hereinafter “instant cargo vehicles”) and the C wing wing wing 2 (hereinafter “C”) are all registered as the owner of the instant cargo vehicles. Of them, C is subject to a mortgage in the instant cargo vehicle register, and C stated that the instant cargo vehicles are the entrusted vehicles invested in kind by D on November 9, 2010 in the vehicle register.
B. On October 15, 2010, the Plaintiff decided to purchase 1 Trrler vehicle (Hd E and Trler C) from D with a price of KRW 250 million, and paid the said purchase price in full to D, and operated the said vehicle on November 201, 201 by being handed over from D with a policeman.
C. On October 201, D around 201, it is difficult to transfer the ownership of the right to collateral security established on D, and on November 28, 201, the Plaintiff agreed with D and D to change the cargo lane of this case instead of C, and entered into an entrustment management contract with D and D, which were entered in the register of automobiles, and registered as the entrusted vehicle in the future of the Plaintiff by cancelling the consignment of D and registered as the entrusted vehicle. At that time, D returned C to D and operated the freight of this case.
Around December 2011, the Plaintiff was requested from UNFCCC, Inc. to pay repair expenses on the above vehicle while the Plaintiff was in operation of C, and the Plaintiff and D again operated C in lieu of the instant cargo vehicle, sold the instant cargo vehicle, sold the instant cargo vehicle, and terminated the mortgage on C with the price, and transferred ownership to the Plaintiff.
Accordingly, the plaintiff is operating by being delivered to C from D, and D has returned the freight of this case from the plaintiff.
E. Meanwhile, D shall pay 60 million won to the Defendant on May 28, 2013 the instant cargo vehicle.