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(영문) 서울고등법원 2015.04.17 2013나2029903

손해배상(기)

Text

1. The plaintiff's appeal and the conjunctive claim added in the trial are all dismissed.

2. After an appeal is filed.

Reasons

1. Basic facts

A. The Plaintiff is a company that imports and sells “benz” vehicles, and the Defendant is a company that imports and sells “benz” vehicles.

On the other hand, B is a person who entered the defendant around November 24, 2003 and served as the defendant's DNA exhibition deputy until July 30, 2012.

B. B’s business method B: (a) the customer who intends to purchase a new vehicle requested the sale of the previous vehicle to be delegated with the authority of the customer to sell the used vehicle; (b) the customer consulted with the seller of the used vehicle and then transferred the used vehicle to the account he/she designates; and (c) the customer traded the remaining used vehicle after deducting the used vehicle from the used vehicle and then using it to pay the used vehicle or transfer the used vehicle.

C. On June 28, 2012, the Plaintiff: (a) heard that the Plaintiff would pay the remainder of KRW 100,000 from B to 100,000,000,000 in cash (vehicle No. E); (b) he would pay the remainder of the lease obligation and transfer the ownership of the said vehicle; and (c) deposited KRW 44 million into the national bank account in the name of B; and (d) on July 21, 2012, the Plaintiff would transfer the remainder of the lease obligation to 206,200,000 won to 40,000,000 won to 200,000 won; (b) the Plaintiff acquired the ownership of the said vehicle after paying the remainder of the lease and interest, etc.; and (d) the Plaintiff acquired the ownership of the said vehicle from 200,000,000 won to 4,000,0000 won in the name of 20,000 won.

However, unlike the initial undertaking, B remains.