매매대금반환
1. Defendant B’s KRW 24 million and the Plaintiff’s 5% per annum from August 26, 2016 to February 13, 2019.
1. Basic facts
A. On June 2016, Defendant B entrusted the sale and purchase of the instant vehicle to F, a truck broker, in order to sell Epic 17.5 tons of car trucks (hereinafter “instant vehicle”) that he/she left D (hereinafter “D”), and F requested G, an employee of Defendant C (hereinafter “C”), to sell and purchase the instant vehicle and arrange freight transportation.
B. Accordingly, Defendant C posted the following advertisement via H’s website (hereinafter “instant sales advertisement”).
품목 : 우드칩/ 합판 운행구간 : 음성~익산 근무시간 : 주간 1회전 왕복 휴무 : 토, 일, 국 월급료 900만 완제급 @ 유보금 지입료, 보험금 : 규정 차량인수금 : 12,500만 원 기타 : 대기업 I, 1일 1 납품차량, 현 운행중인 노선으로 면접시 100% 확인 가능, 차량가외(번호판 임대비용/ 보험) 별도입니다.
C. On July 27, 2016, the Plaintiff: (a) entered into a vehicle acquisition contract with the purport that the Plaintiff will pay KRW 132 million in total, including the sales price of the instant vehicle, job placement expenses, rights, and operating expenses, etc. (hereinafter “instant contract”); and (b) paid the said money to C by August 25, 2016.
On August 26, 2016, Defendant C paid to Defendant B the amount of KRW 75 million out of the above KRW 132 million to Defendant B, KRW 57,748,697, which was paid directly to Defendant B to the Company, as the balance of the installment to be paid to Defendant B.
B. On the other hand, the Plaintiff and D agree to enter into an entrustment management contract for the instant vehicle (hereinafter “one-time consignment contract”) with the Plaintiff, and complete the procedure for the registration of the transfer of ownership for the instant vehicle in the name of D on the same day.