손해배상(기)
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
1. The following facts are found to be in dispute between the parties or recognized by comprehensively considering the overall purport of the pleadings in each entry in Gap evidence of 1 to 6, Eul evidence of 1 to 6 (including the branch numbers), and evidence of 1 to 6.
A. The defendant is a person who sells used cars under the trade name of E, and the co-defendant C of the first instance is a motor vehicle with which the defendant is an employee of the defendant.
B. Around April 20, 2018, the Defendant purchased FMW vehicle (hereinafter “instant vehicle”) and completed the registration of transfer of the name of the said vehicle and sold it as a used vehicle. C introduced the Defendant as the buyer of the said vehicle the first instance co-defendant D (C’s father) as the buyer of the said vehicle. On April 25, 2018, the Defendant concluded a sales contract for the said vehicle with D and completed the registration of transfer of the name of the said vehicle to D around April 27, 2018.
C. On April 30, 2018, C concluded a contract to purchase the said vehicle from D around April 30, 2018, stating that “D replys to purchase the said vehicle after entering into the said contract, and the Defendant entered into a contract to purchase the said vehicle from D around April 30, 2018.”
C The above vehicle was delivered to the defendant on the same day, but the registration of transfer of name on the above vehicle was made on May 9, 2018.
C around May 8, 2018, when D was registered as the nominal owner of the instant vehicle, the Plaintiff expressed his intention to sell the instant vehicle as the Plaintiff’s employee, and subsequently, the instant vehicle located in the Defendant’s business establishment was driving off or driving off or having G confirm the condition of the instant vehicle, and concluded a sales contract with the Plaintiff as to the instant vehicle.
On the same day, the Plaintiff received the instant vehicle from C, and paid KRW 27.5 million to the account in the name of D.
E. Meanwhile, around May 9, 2018, the Defendant completed the registration of change of name of the instant vehicle.