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(영문) 수원지방법원안산지원 2020.06.03 2019가단11524

손해배상(기)

Text

1. The Plaintiff, Defendant B, and Defendant D, jointly and severally with Defendant B, KRW 28,716,010, and each of the above amounts.

Reasons

1. Basic facts

A. around June 2016, Defendant B leased and used part of the plant of the E industry company, and there was no automobile repair technology.

In addition, FWz motor vehicle(hereinafter referred to as the "motor vehicle of this case") was an accident vehicle in which it is impossible to repair the motor vehicle due to the severe degree of damage, or it was a situation that requires considerable time and expenses for repair.

Therefore, even if Defendant B sold the instant vehicle to the Plaintiff, it was impossible to repair it within two weeks and deliver it to the Plaintiff.

B. Nevertheless, around June 2016, Defendant B stated to the Plaintiff that “B, as the president of the E Industry Company, has a Fenz car in the 2012-type Fenz car, an accident vehicle, and that Defendant B would deliver it within two weeks after repair costs, including vehicle costs of KRW 11 million, to allow repair and normal operation.”

C. The Plaintiff accepted the proposal and entered into a verbal sales contract with Defendant B, which sets forth KRW 24.5 million for the instant automobile, and entered into a sales contract with Defendant D, which set forth KRW 25 million for the instant automobile as a motor vehicle dealer on July 27, 2016.

(hereinafter “instant sales contract”). D.

The Plaintiff paid to Defendant B the sum of KRW 5 million around June 23, 2016, KRW 5 million around June 28, 2016, KRW 5 million around June 28, 2016, KRW 10 million around July 28, 2016, KRW 4.5 million around September 30, 2016, and KRW 24.5 million around September 30, 2016.

(hereinafter referred to as “sale price”). (e)

On July 27, 2016, the Plaintiff paid KRW 2090,000 to Defendant D at the expense of registration for ownership transfer of the instant vehicle.

(f) On July 28, 2016, the Plaintiff completed the ownership transfer registration for the instant motor vehicle, and thereafter, until July 2019, the Plaintiff was the automobile tax and the automobile tax on the instant motor vehicle.