구상금
1. Of the judgment of the court of first instance, the part against the defendant ordering payment in excess of the amount ordered below.
1. Determination on the cause of the claim
A. The following facts do not conflict between the parties, or can be acknowledged in full view of the statements in Gap evidence 1, 2-1, 2-2, Eul evidence 1, 2-2, 5-7, and testimony in the first instance court witness D, and the purport of the whole pleadings.
(1) On July 1, 2013, the Plaintiff, an employee of Hyundai Motor Co., Ltd. (hereinafter “Modern Motor”), entered into a sales contract with the Defendant, who was introduced by D on behalf of Hyundai Motor, to purchase a low-est car (hereinafter “instant automobile”) at KRW 28,920,000, and received down payment KRW 100,000 from the Defendant on the same day.
(2) Upon D’s request on July 10, 2013, the Defendant remitted KRW 31,700,000 to D’s account under the name of the instant vehicle price, etc., and D arbitrarily consumed the said KRW 31,70,000 without delivering it to Hyundai Motor.
(3) On August 23, 2013, the Plaintiff delivered the instant automobile to the Defendant. Nevertheless, on behalf of the Defendant, the Defendant did not pay the remainder of the payment for the instant automobile, and on August 30, 2013, the Plaintiff paid KRW 28,93,900, including the remainder of the payment for the instant automobile, KRW 28,820,000, the consignment fee of KRW 38,000, the late payment fee of KRW 75,90, and KRW 75,90.
(4) On September 11, 2013, the Defendant registered the ownership transfer of the instant motor vehicle in the future.
B. According to the above facts of determination, the Plaintiff is obligated to pay the Plaintiff the amount of KRW 28,820,00 for the instant automobile, KRW 38,00 for the consignment fee, KRW 75,90 for the overdue car, and KRW 28,93,90 for the overdue car, and KRW 28,93,90 for the overdue car pursuant to Article 481 of the Civil Act, barring any special circumstance, barring any special circumstance, the Defendant is obligated to pay the Plaintiff the amount of indemnity equivalent to KRW 28,93,90 for the Hyundai car.
2. The defendant alleged by the parties and the judgment on this issue are the automobiles of this case to D without gathering the fact of the D's retirement, which was a modern automobile employee.