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(영문) 의정부지방법원 2014.06.24 2013가단158797
매매대금반환
Text

1. Defendants B, C, and D shall jointly and severally serve as KRW 27,080,00 for the Plaintiff and as a result, from September 22, 2011 to June 24, 2014.

Reasons

1. Basic facts

A. Defendant B carries on the used car trading business with the trade name of “H” in Ha Government-si, and Defendant D, E, D and D with high sea-durler, Defendant F is the above H employee, and the Plaintiff is a mid-term with the company of “K” operated by Nonparty I in Gangnam-gu Seoul, Seoul.

B. On August 25, 2011, Defendant C borrowed a passenger car listed in the separate sheet (hereinafter “instant vehicle”) in the name of Defendant B through an auction site (L) and subsequently awarded a successful bid of KRW 34.9 million, Defendant C additionally spent an amount of KRW 3 million for storage fees, KRW 8 million for introduction fees, KRW 2 million for repair expenses, KRW 19,264,80 for repair expenses, and KRW 29,564,800 for total expenses (=3 million for repair expenses).

C. Defendant C requested the seller of the instant vehicle to a middle and high-speedr M, and M again requested the sale of the instant vehicle to Defendant D.

Accordingly, on September 21, 201, Defendant D, upon introduction of Defendant E, sold the instant vehicle to the Plaintiff in the said H office at KRW 75.6 million. The Plaintiff, on the same day, sold the instant vehicle to N engaged in the used vehicle transaction business and received the price for the sale of the instant vehicle at KRW 84.6 million, and immediately completed the transfer of ownership from Defendant B without going through his name on September 21, 201.

On September 21, 2011, the Plaintiff paid KRW 75.6 million to Defendant F, an employee of Defendant B’s office, and KRW 4 million to Defendant E, respectively. Defendant F paid the total amount of KRW 75.6 million to Defendant C.

E. However, around September 25, 2011, N listen to the view that the instant vehicle is likely to be flooded vehicles during the process of repairing the ridges of the instant vehicle, and that the instant vehicle was flooded with the Korea Insurance Development Institute on December 14, 201, and became aware that the instant vehicle was treated as total damages on August 9, 201 and the repair cost of KRW 116,870,000 was paid.

Accordingly, N on December 27, 201, the Daejeon District Court 201Kahap15050 against the Plaintiff and Defendant B.

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