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(영문) 대구지방법원 2020.07.22 2019가단146298

손해배상(기)

Text

1. The Plaintiff:

A. Defendant B’s KRW 35,00,000 and for this, KRW 5% per annum from August 22, 2019 to March 12, 2020.

Reasons

1. Facts of recognition;

A. Defendant C is engaged in new and medium-sized sales, good offices for sales, consignment sales, etc. with the trade name of D.

Defendant B served as a broker in “D” in the operation of Defendant C.

B. On July 2019, the Plaintiff received the introduction of Defendant B who works as D from the Egyptian-gu and Defendant B introduced the Defendant B to D with D, and on July 31, 2019, Defendant B introduced the Plaintiff to the Kakao Stockholm, which is a smartphone pet, to the Plaintiff.

Defendant B, who received down payment, was able to carry out a motor vehicle fuel in the Bande ( smartphone attachment) which was certified by the nationwide divers, and requested the Plaintiff to pay down payment. On July 31, 2019, the Plaintiff paid down payment of KRW 5 million to Defendant B by remitting KRW 3 million and KRW 2 million on August 2, 2019.

C. Since then, Defendant B recommended that there was an auction of used vehicles (which means an auction conducted by a court or a private company, other than a public sale by a public institution) that can purchase a used vehicle at a lower level than that of the used vehicle registered with an enterprise that sells a used vehicle to the Plaintiff. The Plaintiff requested the above Defendant to purchase the used vehicle by auction.

The Plaintiff deposited a total of KRW 35 million, including a down payment, to the account designated by Defendant B by depositing KRW 15 million on August 6, 2019, KRW 16,000,000 on August 16, 2019, KRW 30 million on August 22, 2019, and KRW 50 million on August 22, 2019.

E. However, Defendant B did not deliver the vehicle to the Plaintiff when it vindicates that “The bid was made in an auction, but the bid was made in the first order by the highest bidder, but the auction system was automatically cancelled if the seller does not choose to sell the vehicle to the bidder by the highest bidder,” or “the auction system was made in the first order by the highest bidder.”