손해배상(기)
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Basic facts
A. The defendant as the party is a company established by J as a company for the operation of the agency by entering into a car sales agency contract with the Young Automobile Co., Ltd., and since its establishment, the defendant is operating the "L agency for the Abandoned Automobile Co., Ltd." (hereinafter "L agency").
M is a person who has worked as a business employee of the defendant from February 2, 2013 to March 2016, and the plaintiffs are those who have concluded a sales contract for a motor vehicle with M.
B. On December 14, 2015, the conclusion and remittance M of a motor vehicle sales contract concluded and discussed that “To have the Plaintiff purchase a rocketing motor vehicle at a discounted price of about 20% by phoneing to the Plaintiff G for an employee.”
However, in fact, M did not have a vehicle to sell to Plaintiff G, and it was thought that the money received from Plaintiff G was appropriated for the installment of the loan from other automobiles. Therefore, even if the money was received from Plaintiff G, it did not have an intention or ability to sell the vehicle.
M, as seen above, received a total of KRW 24,00,000,000 from the Plaintiff G to the national bank account in its own name on the same day, and received KRW 3,000,000 on May 25, 2016, including the receipt of KRW 6,00,000 on May 26, 2016, and received KRW 198,160,000 from the Plaintiffs as indicated below. In addition, M acquired a total of KRW 198,160,00 from the Plaintiffs as the deposit account in its own name.
The list was arranged on the date and time of deception, which is not the sequence of plaintiffs.
In order to sell the car at KRW 2,6280,00,000,000 for Plaintiff H 1, H 2015-10-06, the amount of money to be deposited (unit of won) in the place of deception of Plaintiff name and the place of deception (unit of won) to the 2,6280,000,000
15.10.06 5,000,00 26,280,000 12.12.10,000 16.26.26. 10,000 16.26.00 16.00 16.04.18.04. 5,780,000 16.18.04. 50,000 2 Plaintiff C 2015-10.