자동차인도
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. A. Around June 8, 2014, the Plaintiff: (a) purchased used cars from B; and (b) lent the Plaintiff’s name, the Plaintiff received a proposal from the Plaintiff to pay the monthly profit of KRW 150-2 million through the car siren business; and (c) accepted the proposal.
(hereinafter referred to as the “instant arrangement”) B.
In accordance with the instant agreement with B, the Plaintiff was financed KRW 23,00,000,00 for the purpose of purchasing used cars between D and D (hereinafter “instant automobile”) owned by C as a broker by the Defendant operating the automobile transaction business on June 9, 2014. < Amended by Presidential Decree No. 25348, Jun. 10, 2014; Presidential Decree No. 25079, Jun. 10, 2014>
C. B received the instant motor vehicle from the Defendant around June 2014, but did not follow the instant agreement with the Plaintiff and did not pay the Plaintiff the proceeds agreed to.
On the other hand, B was indicted as the charge of deceiving the Plaintiff without any intention or ability to make installment payments to the Plaintiff, even if the instant vehicle was delivered without any experience in automobile siren business, and was sentenced to imprisonment with prison labor for a period of four years and six months by the Seoul Western District Court on August 25, 2015, on the grounds that he was convicted of all of the criminal trials due to a large number of frauds and violation of the Narcotics Control Act (fence), etc.
[Ground of recognition] Facts without dispute, Gap evidence 1 through 3, Gap evidence 22-1, Eul evidence 3-1, 2-3, Eul evidence 4-3, the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s assertion 1 did not receive the instant automobile from the Defendant, despite the fact that the Plaintiff entered into an installment financing loan contract with the Defendant, who is a motor vehicle dealer, and paid in full as a loan, by concluding the installment financing loan contract.
The defendant.