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(영문) 수원지방법원 2020.05.14 2018나80278

분양대금반환 등

Text

1. The plaintiff's appeal and incidental appeal by the defendant C Co., Ltd are all dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Reasons

1. The reasons why the judgment of the court of first instance as to this part of the basic facts of the claim are stated in the part of “1. Facts recognized” among the reasons in the judgment of the court of first instance, except where the part of the judgment of the court of first instance is dismissed or added as follows. Thus, this part is cited in accordance with the main sentence of Article 4

The third 2 and third 3 pages of the judgment of the court of first instance are as follows: “A. Defendant B, with respect to the instant vehicle, posted a truck sale advertisement (hereinafter “instant advertisement”) on the website called “D” as follows:

The third party 12 through 15 of the judgment of the court of first instance is as follows: “B. The Plaintiff reported the advertisement and contacted the Defendant B on January 17, 2016, purchased the instant vehicle from Defendant B and the Plaintiff, and Defendant B entered into a contract with the Plaintiff and the Defendant Company to arrange the conclusion of the entrusted management contract and vehicle service contract with respect to the instant vehicle (hereinafter “instant sales contract”); and Defendant B paid KRW 42 million to Defendant B at its price.”

During the third 16th 16th son of the first instance judgment, “Plaintiff” is regarded as “Plaintiffs according to Defendant B’s good offices.”

During the fifth half of the judgment of the court of first instance, "A approximately KRW 4.2 million or approximately KRW 4.9 million" shall be deemed "A approximately KRW 4.2 million or KRW 4.9 million per month," and "3.15 million" shall be deemed "a KRW 3.15 million per month," respectively.

The fifth to tenth of the judgment of the court of first instance is "ma. 5 to ten."

On the other hand, around August 2016, Defendant Company leased the instant truck transport business right from Nonparty F to the Plaintiff (for trucking business, the trucking transport business is permitted under the Trucking Transport Business Act and the number plate thereof is required, and the said trucking transport business should be returned to F), while Defendant Company returned the said business right to the Defendant Company and the instant consignment management contract and service contract.