beta
(영문) 수원지방법원 평택지원 2017.02.15 2016가단6359

피해금

Text

1. The Defendant: (a) KRW 1,385,00 and the Plaintiff’s 5% per annum from June 21, 2015 to February 15, 2017; and (b).

Reasons

1. Judgment on the main claim

A. The plaintiff's assertion that the defendant received a loan under the name of the plaintiff to the plaintiff and proposed that the defendant introduce the transportation vehicle to the plaintiff, and that the plaintiff accepted it.

Accordingly, the Plaintiff, with the Defendant’s main line, intended to purchase one motor vehicle number C truck (hereinafter “former vehicle”), was born, and the Plaintiff again purchased one motor vehicle number D truck (hereinafter “instant vehicle”) with the Defendant’s main line.

However, even though the purchase price of the instant vehicle is only KRW 5 million, the Defendant deceivings the Plaintiff, and sold the instant vehicle to the Large Transport Co., Ltd. at will after the Plaintiff acquired the ownership of the instant vehicle.

Therefore, the Defendant shall compensate the Plaintiff for damages of KRW 48,645,00 in total incurred by the Plaintiff in the course of selling the previous vehicle and the instant vehicle.

B. Determination 1) In full view of the following: (a) there is no dispute between the parties to the liability for damages; or (b) the written evidence Nos. 4, 5, 6, and 1; and (c) the fact-finding with respect to the E-seller of the instant vehicle, the Defendant, entrusted by the Plaintiff, prepared two copies of a sales contract stating that he/she would purchase the instant vehicle at KRW 43 million between the seller G and the seller; (b) the Defendant paid only KRW 29 million to the seller of the instant vehicle on April 8, 2015, and the Plaintiff completed the ownership transfer registration under the Plaintiff’s name with respect to the instant vehicle on April 1, 2015.

In addition, in full view of the above-mentioned facts and the above-mentioned evidences, the above-mentioned trading company shall enter in each of the above-mentioned sales contract, and the whole purport of the arguments.