차량매매대금반환
1. The Defendant shall pay to the Plaintiff KRW 26,50,000 and the interest rate of KRW 15% per annum from February 18, 2016 to the day of complete payment.
Comprehensively taking account of the overall purport of the arguments in the evidence Nos. 1-1, 2, 2-2, and 1-1, C, which was de facto marital relationship with the Defendant, requested the Plaintiff to transfer money to the Defendant’s account under the Defendant’s name by purchasing human rights vehicles. The Plaintiff transferred KRW 1,65 million on December 15, 2014, KRW 16.5 million on December 16, 2014, and KRW 10 million on December 16, 2014 to each Defendant’s account under the Defendant’s name; the Plaintiff confirmed the contents of the Defendant’s currency by communicating with the Defendant at the time of the transfer; the Plaintiff confirmed that the vehicle was deposited by contact with the Defendant at the time of the transfer; the Plaintiff requested a return of money transferred by contact with the Defendant on December 20, 2014; however, the Defendant, even if some of the amount was yet transferred, may be recognized to the effect that all of the money was deposited into another account.
According to the above facts of recognition, it is reasonable to view that the defendant acquired 26.5 million won from the plaintiff in collusion with C as the vehicle sale price. As such, the defendant is obligated to pay to the plaintiff the damages for delay calculated at a rate of 15% per annum from February 18, 2016 to the day of full payment, as requested by the plaintiff, as well as from February 18, 2016 to the day of full payment.
Therefore, the plaintiff's claim of this case shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.