손해배상(기)
1. The plaintiff's primary claim and the conjunctive claim are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The fact that the Plaintiff mainly engages in the automobile sales business, parts sales business, good offices for sale, and consignment sales business, and that C entered the sales contract for used cars owned by the Plaintiff (hereinafter “instant automobile”) to be sold for KRW 15 million to the Defendant by the Defendant (hereinafter “instant sales contract”) is not disputed between the parties or may be recognized by each entry in the evidence Nos. 1 through 3.
2. The assertion and judgment
A. (1) The Plaintiff’s assertion (1) is not a part of the Plaintiff Company, and there is no fact that the Plaintiff was delegated by the Plaintiff. Therefore, the instant automobile sales contract concluded by the Defendant is null and void as a juristic act by an unauthorized Representation. The Defendant must return the instant automobile to the Plaintiff, the owner of the instant automobile. If it is impossible to return the said automobile, the Plaintiff must pay the amount equivalent
In concluding the instant sales contract, the Defendant failed to perform its duty of care, such as failing to verify whether C is a legitimate agent, and committed embezzlement, such as failing to comply with the Plaintiff’s request for return of the instant motor vehicle, and thus, committed an illegal act. Therefore, the Defendant is liable for compensating the Plaintiff for damages equivalent to the
(2) The Plaintiff granted the Defendant C the basic right of representation related to the sale of used cars, and the Defendant has justifiable grounds to believe that C has the authority to conclude the instant sales contract on behalf of the Plaintiff, and the instant sales contract is valid.
B. (1) In addition to the overall purport of the pleadings in the judgment on the claim for return of unjust enrichment by Gap (1) and Eul evidence Nos. 2 through 4, Eul evidence Nos. 1 through 7 (including each number), and the testimony by the witness Eul, Eul acquired KRW 74 million from D, a business president of the plaintiff, and registered the ownership of the pertinent automobile as purchased by the plaintiff company.