차량매매대금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Plaintiff’s assertion that: (a) around December 2007, the Plaintiff sold the vehicle indicated in the attached list (hereinafter “instant vehicle”) to the Defendant in KRW 26,316,491; and (b) on December 24, 2007, the Defendant did not pay KRW 26,316,491 for the instant vehicle price, even though the Plaintiff completed the ownership transfer registration on the said vehicle under the name of the Defendant, and thus, the Defendant shall pay the Plaintiff the vehicle price of KRW 26,316,491 for the instant vehicle and the delay damages therefrom.
2. Determination
A. In full view of the whole purport of the pleadings as a result of each of the orders to submit financial transaction information to Gap 3, Eul 4, Eul 1, Eul 1, witness Eul's testimony, this court's national bank, and Hyundai Capital Co., Ltd., the ownership transfer registration was completed in the name of the plaintiff on December 24, 2007, and the ownership transfer registration was completed in the name of the defendant on December 24, 2007. The defendant purchased the vehicle of this case from the automobile trader operated by Hyundai Capital Co., Ltd. around December 2007 in the purchase price of KRW 27 million. At the time, the above purchase price was paid KRW 27 million from Hyundai Capital Co., Ltd., and there is no counter-proof.
According to the above facts, the Plaintiff appears to have entrusted the sale of the instant vehicle to the automobile dealer or sold the said vehicle, and the Defendant purchased the instant vehicle from the automobile dealer, and paid all the purchase price of KRW 27 million.
Therefore, the plaintiff's claim based on the premise that the defendant did not pay the purchase price of the vehicle of this case is without merit.
B. In addition, the sale of the instant vehicle constitutes commercial transaction.
Therefore, it is obvious in the record that the instant lawsuit was filed against the Defendant for the payment of the purchase price of the said vehicle after the lapse of five years from December 24, 2007, when the ownership transfer registration of the instant vehicle was completed to the Defendant. As such, the instant vehicle against the Plaintiff is against the Defendant.