부당이득금
The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) shall pay KRW 29,00,000 to the Plaintiff (Counterclaim Defendant) and its interest from October 5, 2019 to the date of full payment.
A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.
1. Facts of recognition;
A. The Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) is engaged in the sales of used cars. The Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) is the owner of the instant motor vehicle listed in the attached Table (hereinafter “instant motor vehicle”).
The Defendant registered the instant vehicle as a substitute on the medium-sized sales Internet site.
C introduced the defendant as "D, a broker for the secondhand trade," and concluded that he will act as a broker for the sales of the instant vehicle.
B. On August 26, 2019, C had expressed its intent to purchase the instant vehicle to E, an employee of the Plaintiff, and E intended to purchase the instant vehicle with KRW 29 million.
C. On the same day, C, by deceiving the Defendant to sell the instant vehicle at KRW 32.2 million to the Plaintiff, ordered the Plaintiff to first confirm the condition of the instant vehicle by delivering the instant vehicle to the Plaintiff, and, if the purchase price is paid, issued documents necessary for the registration of transfer of ownership of the instant vehicle.
Accordingly, the defendant delivered the automobile of this case to the plaintiff through the consignee.
C On the same day, by deceiving E as if the sales contract was established for the instant automobile in KRW 29 million, the Plaintiff demanded the payment of the sales price, and the Plaintiff transferred the instant automobile to the Defendant’s name and remitted KRW 29 million to the Defendant’s account.
E. The Defendant confirmed that KRW 29 million was deposited in one’s own name passbook and stated that the amount promised to C was not paid in full. Since C deposited the said money in error to the Defendant, C told the Defendant to receive a loan from a financial institution and pay KRW 32.2 million if he returned the said money to a bank account in F’s name.
Accordingly, the defendant transferred KRW 29 million from the plaintiff to the account in the name of F.
F. The Plaintiff’s instant case after August 27, 2018 to the Defendant.