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(영문) 서울중앙지방법원 2017.08.30 2016가단5175765
매매대금반환
Text

1. Defendant B shall pay to the Plaintiff KRW 24.5 million and the interest rate of KRW 15% per annum from August 18, 2016 to the date of complete payment.

Reasons

Basic Facts

The plaintiff is an employee of Kakk's Co., Ltd. who is a used car selling company.

On April 20, 2016, the primary Defendant posted a notice on the Internet that the primary Defendant and his mother-child D sell the IMW car (hereinafter referred to as the “instant car”) with 99/100 shares and 1/100 shares, respectively, at KRW 31 million.

E (tentative name) was aware that the instant automobile was sent out by the box, and he also posted a false notice to sell a motor vehicle on the Internet.

E, around April 28, 2016, indicated that the Plaintiff, who reported the posting and contacted, would sell the instant vehicle, and made it clear that he would contact the primary Defendant to purchase the instant vehicle.

E, while selling the land to the Plaintiff, E, while having the buyer and the Plaintiff, had the contact with both parties on May 3, 2016, the Seocho-gu Seoul F building parking site and had the primary Defendant and the Plaintiff gather in the future.

The primary defendant, while making a telephone call in his place, expressed that he himself is a private village of E, and prepared a sales contract for the motor vehicle of this case with the plaintiff and the plaintiff, and laid the column for the purchase price at the request of E, while drawing up the sales contract for the motor vehicle of this case.

The primary defendant believed that he would deliver the purchase price to the account designated by E while making a exchange with E, and stated that he would deposit the purchase price to the account designated by E.

The plaintiff received the Kakakao text message from E, stating the preliminary defendant's bank account (Account Number G), was asked to the primary defendant to deposit the purchase price into that account, and the primary defendant was also deposited into that account.

The plaintiff clearly requested to do so, and the main defendant is to deposit it in the sales contract with the account of the above company E in our G Co., Ltd.

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