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(영문) 서울중앙지방법원 2014.01.16 2013가단41330
매매대금
Text

1. The Defendant’s KRW 22,00,000 as well as the Plaintiff’s annual rate of KRW 5% from January 1, 2013 to January 16, 2014.

Reasons

1. Facts of recognition;

A. On December 31, 2012, the Plaintiff entered into a sales contract with the Defendant conducting the used car transaction business, which sells the Plaintiff’s used car car car (hereinafter “instant automobile”) to the Defendant in 2011, and issued the said car to the Defendant on the day after completing the transfer registration procedure.

B. The certificate of automobile transfer prepared by the Plaintiff and the Defendant is indicated as KRW 22 million in the sales amount of the instant vehicle.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 3, purport of the whole pleadings

2. According to the facts of the above determination as to the cause of claim, the Defendant is obligated to pay the Plaintiff the purchase price of KRW 22 million under the above sales contract.

(3) The plaintiff alleged that the actual purchase price is 31 million won and the so-called "contract" is prepared at the defendant's request, and thus, the plaintiff should be paid 31 million won. However, there is no evidence to acknowledge that the actual purchase price is not 22 million won but 31 million won as stated in a motor vehicle transfer certificate).

A. The Defendant’s assertion asserts that the Plaintiff and the Plaintiff agreed to bear KRW 1 million out of KRW 1.5 million of the vehicle relocation cost, and that the remainder of KRW 21 million calculated by deducting KRW 1 million of the vehicle relocation cost borne by the Plaintiff from KRW 22 million of the above purchase price, and that the Defendant remitted KRW 20 million to the account “Trisung Securities Account Number E” (hereinafter “instant account”) in the name of D upon the Plaintiff’s request, so the Defendant paid the above purchase price in full.

B. According to each description of evidence Nos. 1 and 2 and the purport of the entire pleadings, the Plaintiff’s “CMA code 240 bank account No. 240, Dec. 31, 2012, 201, when the instant transaction took place, was transferred from the F’s account, each of which is the Defendant’s seat, to the instant account, with KRW 5 million around 15:50,000,000,000 from the F’s account, each of which is the Defendant’s seat, and the Plaintiff’s “CMA code 240,000 E deposit account.”

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