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(영문) 서울중앙지방법원 2012.08.16 2011가단179064

불법행위에 의한 손해배상(기)

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1. The Defendant: (a) KRW 20,560,000 for the Plaintiff and KRW 5% per annum from March 25, 2011 to August 16, 2012; and (b).

Reasons

Basic Facts

Around March 2011, the Defendant was a company selling German Audi vehicle in Korea. C, a sales business entity of the Defendant’s branch, was a high school and was in common knowledge of the market price of 54 million won or less (17% discount) to sell to the Plaintiff at KRW 45,235,00 won by applying 45,235,00 won or less (17% discount). On March 24, 2011, the Plaintiff sold the said purchase price of KRW 25,70,000,000,000 owned by the Plaintiff to the middle and middle Dr, and then remitted KRW 2,570,000 to the Plaintiff’s personal account of the instant vehicle as part of the purchase price. However, C received from the Plaintiff as above 2,570,000 won or less as the sale price of the instant vehicle, and transferred the said amount of KRW 2,570,000,000 to the Plaintiff’s personal account of the instant vehicle.

The Plaintiff’s judgment on the claim for damages due to nonperformance of a sales contract is the cause of the above part of claim. The Plaintiff concluded a sales contract with the Defendant to purchase KRW 45,235,00 through C, a business employee of the Defendant, and paid KRW 25,70,00,000, which is part of the purchase price, to C, an employee of the Defendant, but the Defendant expressed his intent to refuse performance while denying the conclusion of a sales contract with the Plaintiff. As such, the Plaintiff sought payment of KRW 25,70,000,000, which is the amount of compensation for nonperformance

Therefore, in full view of the following: (a) the Plaintiff and the Defendant entered into a sales contract for the instant motor vehicle; and (b) the overall purport of the pleadings in the testimony of witnesses E and F, the Plaintiff explained the instant motor vehicle on March 18, 201 on the basis of a visto written estimate at the time when he was informed of the instant motor vehicle transaction by C from March 18, 201.