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(영문) 전주지방법원군산지원 2014.05.15 2013가단7474

손해배상(기)

Text

1. The Defendant shall pay KRW 3,755,00 to the Plaintiff KRW 5% per annum from November 24, 2012 to May 15, 2014, and the next day.

Reasons

1. Facts of recognition;

A. On November 20, 201, the Defendant posted a notice to sell the instant vehicle for KRW 27,000,000, which was owned by the Defendant on the bulletin board of the Internet used vehicle sales site (hereinafter “instant vehicle”). On November 22, 201, the Defendant called the Defendant to purchase the instant vehicle from an unqualified person’s name, and then put it in front of the Defendant’s “Dart” adjacent to the Defendant’s office.

B. At around 12:00 on November 23, 201, the Defendant received a call from a person who has no real name, to the effect that “I will forward a post-delivery instead of paying the sales amount determined between the Defendant and B, and that I would not end up to pay the sales amount. I would directly transfer the sales amount to the Defendant’s account.”

Since then, the Defendant issued the registration certificate and the Defendant’s certificate of personal seal impression to E in front of the aforementioned “Dart”.

C. On the other hand, “E”, after visiting the status of the instant motor vehicle by visiting the Defendant or infining the name and infinites, set forth KRW 21,00,000 as the purchase price of the instant motor vehicle, and, on November 23, 2011, remitted KRW 20,960,000, which was deducted from the fine for negligence, to one bank account in the name of F, which was known by the winners of the instant motor vehicle as the purchase price.

Since then, the Defendant entered and signed the personal information in the certificate of vehicle transfer presented after E, and E re-written a certificate of vehicle transfer stating the purchase price of KRW 27 million, and submitted it to the vehicle registration office in the following city, and completed the registration of the transfer of ownership on November 23, 201 for the instant automobile.

E. The Defendant asserted that, as the purchase price of the instant vehicle was not paid from the person who was not his name, the sales contract between the Defendant and E was not established under the Jeonju District Court 201Kadan19862, and that the registration of transfer in the name of E on the instant vehicle should be cancelled because it is the registration of transfer that completed by forging the certificate of transfer.