차량대금반환
1. The Defendant shall pay to the Plaintiff KRW 53,80,000 as well as 20% per annum from September 3, 2013 to the day of complete payment.
1. Facts of recognition;
A. The defendant is a public sear company that sells German metr motor vehicles domestically, and C is employed by the defendant and is engaged in the sales of motor vehicles for about two years by holding the deputy head in the D exhibition E team.
On August 13, 2013, as a member of the business who retired on August 13, 2013, he was prosecuted for a charge of fraud, etc. related to automobile sales and is currently under criminal trial at the Seoul Southern District Court.
B. On February 2013, the Plaintiff concluded a sales contract with C and a motor vehicle sales contract (hereinafter “instant sales contract”) with the Plaintiff, by purchasing KRW 53,800,00 for one motor vehicle for the Morse Mesez (type C200AV, external color server, internal color belt), and having to receive vehicles during March 2013.
C. On February 26, 2013, the Plaintiff remitted 10,000,000 won as vehicle price to C’s personal account. On February 27, 2013, the Plaintiff wired 32,000,000 won as of February 27, 2013, which is the next day, to the said account. The remaining vehicle price of KRW 11,80,000,000, the remainder of the Plaintiff’s vehicle price of KRW 15,000,000, the Plaintiff paid 53,80,000,000 to C by settling the payment with F. In addition, the Plaintiff paid 53,80,000 won as vehicle price to C.
On the other hand, around March 2013, the Plaintiff requested a change of the color of the benz motor vehicle in the instant sales contract from the server to the chemical file to the chemical file, and agreed to receive the vehicle from C with the consent of C on April 2013.
E. C: (a) When it was difficult for the Plaintiff, et al. to withdraw a car sales contract with F and G, which entered into a car sales contract with F and G, due to the refund of the vehicle price, etc., it was concluded on April 26, 2013 to purchase KRW 47,900,000 (sales price of KRW 45,505,00), as the Plaintiff et al. entered into a sales contract (contract No. H) with one car model, the Plaintiff et al. entered into a sales contract with F and G, and then obtain internal approval, and then the Defendant internal approval.