손해배상(기)
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On February 18, 2013, upon the recommendation of C, the Plaintiff agreed to purchase 4.5 tons of truck to transport agricultural products in Jeju-do. D Co., Ltd. (the trade name was “Co. E” and the change was made as of October 31, 201) with the representative director, entered into a contract with the Plaintiff to commission the Defendant to manufacture four 4 metric vehicles, including the vehicle to be purchased by the Plaintiff, with 56,885,00 won per unit of 56,85,00 won per unit of 1 vehicle.
B. On March 22, 2013, the Plaintiff purchased one cargo vehicle (vehicle number F, Large Cargo, Han-mar 4.5 ton truck, hereinafter “instant vehicle”) from a sales company for other treatment purpose, and borrowed KRW 130,000,000 from Anon-Hand Capital Co., Ltd. with the installment cost of the instant vehicle, and KRW 67,30,000 out of the said loan deposited KRW 62,625,00 in the account of another treatment loan, and KRW 62,625,00 in the Defendant’s agricultural bank account.
C. The peculiar manufacture of the instant vehicle consists of ① marry construction to increase the length of the freight partitions to load more cargo in the freight partitions with one wheels on both sides, ② construction to manufacture the tower and install it in the freight partitions, ③ construction to install the freezing on the tower, and ③ construction to install the freezing on the tower. The marry construction was carried out by the Defendant and the narbing machine installation corporation, respectively.
On April 26, 2013, the Defendant returned KRW 5,098,00 to the Plaintiff, and the instant vehicle was registered as one of the stock companies on May 6, 2013.
E. The Plaintiff, even if the Plaintiff purchased a vehicle, recommended the Plaintiff to purchase the supplied vehicle and invest the vehicle in spite of no intent or ability to participate in the delivery transport, thereby allowing the Plaintiff to use the vehicle with a loan of KRW 130 million at the cost of purchase and remodeling of the vehicle.