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(영문) 인천지방법원 2016.02.02 2015가단47883
매매대금 등
Text

1. The plaintiff (Counterclaim defendant) is the defendant (Counterclaim plaintiff) with two smart keys in the vehicle registration number C K7 car and UVO.

Reasons

The counterclaims against the principal lawsuit shall be judged.

1. Basic facts

A. On March 38, 2013, the Plaintiff: (a) registered the instant vehicle as a sales agent in SK, which was a seller of the instant vehicle, before August 12, 2015, as a seller of the instant vehicle, at KRW 28,90,000,000,000 from August 12, 2015.

B. From October 1, 2014, the Defendant operated the used car transaction business with the trade name called “E” from Incheon Seo-gu, Seo-gu, Incheon, and employed F as an employee.

C. Through Nonparty G, the Plaintiff and the FF met on August 12, 2015, and the Plaintiff and F entered into a sales contract on the instant motor vehicle on the same day between the Plaintiff and F, and the main contents thereof are as follows.

Seller: The seller: 23,00,000 won for the purchase of the Defendant: The delivery date of the temporary unpaid vehicle on the day and the date of registration: The date of the temporary delivery of the vehicle on the day, and the matters to be issued after 16: the buyer is responsible.

G On the same day, to 14:55 F on the same day, a company in the name of H came to know the I's account number in the mobile phone text, and F transferred the above purchase price of KRW 23,00,000 to the above account of KRW 15:35 on the same day.

E. On the same day, the Plaintiff issued the Plaintiff’s name, resident registration number, and certificate of personal seal impression in the Plaintiff’s name that indicated the Defendant’s name, resident registration number, and address to F. However, the Plaintiff refused to deliver the instant vehicle because the said purchase price was not deposited

F. On the following day, F registered the ownership transfer of the instant vehicle by using the foregoing transfer document received from the Plaintiff, and F deducted the instant vehicle that was parked in the Plaintiff’s residence with the help of the Plaintiff’s counter-repairman.

[Reasons for Recognition: Facts without dispute, Gap 1, 3, 4, 5, Eul 1, 4, 5, 6, purport of all pleadings]

2. The parties' assertion

A. Plaintiff 1’s basic fact-finding.

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