매매대금반환
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On March 23, 2015, the Plaintiff entered into a sales contract for cargo vehicles (i) Defendant B Co., Ltd. (hereinafter “Defendant Company”).
B) Between the Plaintiff and the Plaintiff, as cargo vehicles necessary to carry on logistics cargo transport business, 2010 type II (E; hereinafter “instant vehicle”).
() The Defendant purchased KRW 28,00,000 from the Defendant. The Plaintiff invested the instant vehicle in kind in the Defendant, and the Defendant forms an agreement that entrusts the Plaintiff with the right to operate and manage the instant vehicle, and the Defendant concludes a “sales contract on consignment of truck for business use” with the purport that the Plaintiff arrange for a logistics delivery service provider and pay service charges, etc. pursuant to delivery to the Plaintiff by using the instant vehicle (hereinafter “instant sales contract”).
(2) Meanwhile, at the time of the conclusion of the instant consignment sales contract, Defendant C, the representative director of the Defendant Company, and Defendant D, the employee of the Defendant Company, stated to the Plaintiff as follows: “If the date of the instant consignment sales contract is divided into two occasions a day, the Plaintiff may have the income of KRW 4,00,000 from KRW 3,70,000 per month, and instead, purchase one vehicle for cargo delivery.”
3) The Plaintiff paid to the Defendant the purchase price of the instant vehicle in cash or as a loan. B. On May 26, 2015, the Plaintiff expressed his/her intent to revoke the instant consignment sales contract on the grounds that the Defendants failed to obtain monthly income from the transport of the instant vehicle, and thus, failed to implement the agreement at the time of the conclusion of the contract, etc., and the said content certification reached the Defendant Company at that time. (c) On June 19, 2015, the Plaintiff conspired with the Defendant and D to purchase the instant truck and deliver the cargo, thereby guaranteeing the monthly income.