차량대금반환
1. Revocation of a judgment of the first instance;
2. The plaintiff's main claim is dismissed.
3. The defendant shall pay to the plaintiff KRW 42,00,000.
1. Basic facts
A. The Defendant is a company that imports and sells Mesium vehicles, and C is a business employee who is employed by the Defendant and is in the position of the deputy head at the D exhibition E team, and is engaged in the Defendant’s automobile sales business.
B. Around February 2013, the Plaintiff entered into a sales contract for the instant vehicle (hereinafter “instant sales contract”) with the Defendant, with the content that the Plaintiff would receive the instant vehicle from the Defendant during March 2013 (including value-added tax) by purchasing at KRW 53,800,000 (hereinafter “instant vehicle”).
C. The Plaintiff transferred KRW 32,000,000,000 on February 26, 2013, and KRW 32,000,000 on February 27, 2013 (= KRW 25,000,000) to the account in the name of C (national bank) other than the Defendant’s account as the price for the instant vehicle, respectively.
[Ground of recognition] The facts without dispute, Gap's evidence 1 to 2, Eul's evidence 8 (including each number), Eul's testimony and the purport of the whole pleadings
2. Judgment as to the main claim
A. The Plaintiff’s assertion 1) concluded the instant sales contract with the Defendant, and paid in full the price (the Plaintiff transferred KRW 42 million to the account of the Defendant, and the remainder KRW 11.8 million to the Plaintiff paid the remainder at KRW 15 million, which Nonparty F should receive from C, on March 1, 2013, and the Plaintiff paid KRW 53,800,000 for the said vehicle by way of payment settlement individually with F.
(2) Nevertheless, the Defendant failed to perform its duty to deliver the instant vehicle. Thus, the Plaintiff cancelled the instant sales contract by serving a duplicate of the complaint of this case on this ground, and sought restitution of the said vehicle price of KRW 53,800,000 and damages for delay.
B. As seen earlier, the Plaintiff and the Defendant concluded the instant sales contract through C, however, C.