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(영문) 대전지방법원천안지원 2015.02.03 2013가단26056

부당이득금반환

Text

1. The Defendant: (a) KRW 15,388,966 for the Plaintiff and its related KRW 5% per annum from October 29, 2014 to February 3, 2015; and (b) February 4, 2015 for the Plaintiff.

Reasons

1. Facts of recognition;

A. The Defendant is a company selling benz vehicles, and B is a person who entered around 2003 and served as a business employee at the Defendant’s branch office by August 31, 2012.

B. If a customer who intends to purchase a new car requests to sell or succeed to the existing vehicle, he/she has been entrusted with the trading authority from the customer, consulted on the sales conditions such as the middle and high-speed trading market and the price, and then transferred the vehicle to the account designated by B after receiving the payment from the middle and high-speed trading, and the customer has traded the vehicle by receiving the remainder after deducting the middle and high-speed payment from the former one, or paying the former one as the down payment, etc. to the new vehicle.

C. Around January 2012, B obtained the consent from the Plaintiff and his husband D (hereinafter referred to as “Plaintiff, etc.”) on the ground that “I will deliver BMW528i vehicles currently in use and if I will additionally pay KRW 3,000,000,000 to the Plaintiff, etc., I will deliver to the Plaintiff, etc., a written estimate with the following contents as to the first vehicle.”

(However, the said quotation was written in the name of Korea Co., Ltd. for the Murgyenz. - Vehicle price of KRW 69,900,00: - Registration fee of KRW 5,423,230 - Advance payment of KRW 27,960,00: KRW 27,960,000 - Payment before shipment - Principal of KRW 33,283,230 - Principal of KRW 41,940,000: 36 months after installment payment, monthly installment of KRW 1,165,00 (interest)

D. On January 11, 2012, D deposited KRW 3,000,00 to the Defendant, and delivered the BMW528i vehicle in use to B, and the Plaintiff et al. delivered their seals to B.

E. D entered into a sales contract with the Defendant on January 16, 2012 for the instant first vehicle, and received the said vehicle on January 20, 2012.

F. B and Hyundai Capital Co., Ltd. (hereinafter “Modern Capital”) in the Plaintiff’s name.