부당이득금반환
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. Basic facts
A. On January 12, 2012, the Plaintiff purchased IMW 528i Xi (hereinafter “first vehicle”) from the Defendant corporation through Defendant B, a business employee of Defendant C Co., Ltd. (hereinafter “Defendant Corporation”).
On March 30, 2012: The consumer price of a new bank: 71,90,000 won discount: the consumer price of a new bank: the subject to the burden of automobile tax of KRW 66,900,000,000, selling price of KRW 5,000: The Plaintiff
B. On October 2, 2012, through Defendant B, the Plaintiff purchased 520d MY13 1 vehicles from the Defendant corporation (hereinafter “second 2 vehicles”) on the following terms:
On October 18, 2012: Financial history of 36 months: Consumer Price of FSK (IMBS Social Services Korea): 61,300,000 won discount: 5,500,000 won discount: The subject to the burden of automobile tax of KRW 55,80,000: The Plaintiff [based on recognition] is without any dispute; Eul evidence 1, Eul evidence 2; each statement in subparagraph 2; the card issued by the court of first instance and the social service Korea of the court of first instance; the fact inquiry results with respect to the Korea Consumer Agency; the purport of all pleadings;
2. Determination as to the cause of action
A. At the time when the plaintiff asserted that the defendant corporation purchased the 1 and 2 vehicles from the defendant corporation, the defendant B, an employee of the defendant corporation, presented the contract that ① reduces 5 million won from the purchase price of the 1st vehicle to 5 million won, ② the automobile tax to be imposed on the 1 and 2th vehicle shall be borne by the defendant corporation, and ③ all 1 and 2 vehicles shall be attached to the 1 and 2 vehicles.
Nevertheless, Defendant B is liable for compensating the Plaintiff for damages inasmuch as it did not comply with the above terms and conditions of the contract as seen above, thereby incurring damages equivalent to KRW 7,580,00,00, and Defendant B incurred damages to the Plaintiff in the course of performing its duties as above. As such, Defendant B is liable for the employer’s liability.
B. Determination 1: 5 million won at a discount on the first vehicle.