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(영문) 서울남부지방법원 2019.02.14 2017나66198

자동차매매대금 등 반환

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1. Of the judgment of the court of first instance, the part against Defendant B in excess of the following amount ordered to be paid shall be revoked.

Reasons

1. The parties' assertion

A. The Plaintiff sold 28,755,000 vehicles Ebts C200 (hereinafter “instant C200 vehicles”) to the Defendants, and leased KRW 2,290,00 as relocation expenses incurred before the instant C200, the Defendants are jointly and severally liable to pay the Plaintiff the total amount of KRW 31,045,000 (= KRW 28,75,000, KRW 290,000) and damages for delay.

B. The Defendants purchased HWz S350L vehicles (hereinafter “instant S350L vehicles”) from F engaged in their business with the Plaintiff, and F was unable to deliver the instant S350L vehicles, and instead, the Plaintiff transferred ownership of the instant C200 vehicle to the Defendants, and the Defendants did not have any obligation to pay KRW 28,75,000 to the Plaintiff.

2. Determination

A. Facts of recognition 1) The Plaintiff and F together worked as a used vehicle (sales) with a used vehicle (sales) in P, and Defendant B was a person who has been engaged in the sales of used vehicles at the above office, and the O was engaged in the repair and sale of the damaged external vehicles, and G was a person who has been engaged in the business of purchasing and repairing and selling the damaged external vehicles, and Defendant B was a person who has lent or invested in money to or from a used vehicle (F). (2) Defendant B decided to purchase the instant S350L vehicle from F around October 2014. The vehicle sales amount was to provide Q Q Co., Ltd. with the instant S350L vehicle as security and to receive a loan of KRW 28 million in the name of Defendant B’s mother.

3) The instant S 350L vehicle: (a) purchased the said vehicle from the R Company as owned by the R Company and transferred it to F; (b) on October 2, 2014, G transferred KRW 26 million to F account by means of the J (S)’s account; and (c) thereafter, Defendant B transferred KRW 23 million out of that day to the O account. < Amended by Presidential Decree No. 25789, Oct. 24, 2014; Presidential Decree No. 25789, Oct. 24, 2014>