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(영문) 광주지방법원 2018.02.06 2017가단15183

손해배상(기)

Text

1. The Defendant shall pay to the Plaintiff KRW 200,000 each on the last day of each month between October 1, 2017 and January 31, 2020.

2...

Reasons

1. Basic facts

A. A. Around February 2010, the Plaintiff purchased Cenz’s automobiles (hereinafter “instant automobiles”) from the Defendant, and remitted KRW 10.6 million to the Defendant as a sales price.

B. On May 2010, the Defendant revoked the sales contract for the instant motor vehicle and recovered the instant motor vehicle from the Plaintiff.

C. In relation to the recovery of the instant vehicle by the Defendant, around September 2015, the Plaintiff agreed to the Gwangju Southern Police Station that “The Defendant brought the Plaintiff’s key to the Plaintiff and brought the instant vehicle in the amount equivalent to KRW 12 million at the market price,” and “The Defendant between the Plaintiff and the Defendant, around July 20, 2016, after the case was sent to the prosecution, shall cancel the instant complaint case with the agreement amounting to KRW 10 million to the Plaintiff, and shall pay KRW 4 million on the day, and the remainder of KRW 6 million shall be paid every 30 months from August 2016 to January 2019 (hereinafter “instant agreement”).

According to the agreement of this case, the defendant paid KRW 4 million to the plaintiff, and the plaintiff withdrawn the above complaint case, and the defendant was subject to a disposition of suspension of indictment in the above complaint case.

After that, according to the agreement of this case, the defendant paid 40,000 won in total as provisional holding in order to the plaintiff who was confined to prisons at the time of October 10, 2016 and January 3, 2017, respectively, among the remaining 6 million won, as well as the remaining 6 million won.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings

2. Determination as to the cause of claim

A. The plaintiff's summary of the plaintiff's assertion is 15 million won, and the defendant again changed to 12 million won after claiming that the purchase price of the automobile of this case was 10 million won, and there is no dispute over the purchase price of the automobile of this case as the purchase price of this case was 10 million won, and the defendant recovered the automobile of this case and received 10 million won.