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(영문) 울산지방법원 2016.08.18 2016나394

매매대금 등

Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

1. Basic facts

A. On June 201, the Plaintiff sold the Plaintiff’s Crda car (hereinafter “instant automobile”) owned by the Plaintiff to the Defendant at KRW 2 million.

B. Around June 2011, the Defendant operated the instant motor vehicle without making a transfer registration of the instant motor vehicle.

C. Administrative fines imposed on the Plaintiff during the period of the Defendant’s operation of the instant motor vehicle are indicated as follows.

The amount of an administrative fine for violation of the Guarantee of Automobile Accident Compensation Act (won) No. 1: 500,400,250,170 on December 7, 2014; 250,170 on the violation of the Administrative Fines for Violation of the Guarantee of Automobile Accident Compensation Act; Amended by Act No. 1284, Dec. 16, 2014; 16,970; 13,940; 6, June 156, 2014; 8107; 2,081,890 on June 15, 2015; / [Grounds for recognition] No. 1,2, 300,004 automobile tax for delay of the motor vehicle inspection; and 5,000,000 automobile tax on August 7, 2015; 1, 2014; 5,003,000 evidence No. 53, and evidence No. 5,0890

2. Determination as to the cause of action

A. The plaintiff's assertion that the defendant did not pay the purchase price and the automobile tax imposed on the automobile of this case even though he purchased and operated the automobile of this case from the date of delivery, and that the plaintiff agreed to pay the purchase price and the amount of delinquent taxes on the automobile of this case to the plaintiff in the criminal case where the defendant filed a complaint against the defendant for fraud. Thus, the defendant is obligated to pay to the plaintiff the fine for negligence of 2 million won, automobile tax, etc., which was imposed on the plaintiff about the automobile of this case, and the total amount of 4,428,060 won, and damages for delay.

B. As seen earlier, as seen in the first purchase price, the Defendant purchased the instant automobile from the Plaintiff in KRW 2 million, and thus, the Plaintiff shall be paid KRW 2 million and delay damages therefrom to the Plaintiff.