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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts (1) On November 3, 201, the Plaintiff sold C C C C C C-sturine car to the Defendant on November 3, 201, with the purchase price of KRW 7.5 million (excluding value-added tax) and the payment date of the purchase price on November 3, 2011.
(2) On November 3, 2011, from the foreign exchange bank account (Account Number: D; hereinafter “instant account”) in the Defendant’s name, KRW 8.25 million was transferred from the Plaintiff’s single bank account (Account Number: E) to the “vehicle Price.”
[Ground of recognition] Facts without dispute, Gap evidence 2, 3, Eul evidence 1 and 5, the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s assertion sold a vehicle to the Defendant in the purchase price of KRW 7.5 million (excluding value-added tax). Although the instant account was transferred from the Plaintiff’s account to the Plaintiff’s account, the instant account was substantially transferred from the Plaintiff’s account to the Plaintiff’s account to the Plaintiff’s account, and it was merely for the Plaintiff’s accounting, and the Defendant did not pay the Plaintiff the purchase price, and the Defendant is obligated to pay 8.25 million won (including value-added tax) and damages for delay.
The reasons why the instant account under the name of the Defendant is substantially the Plaintiff’s account are as follows.
The defendant proposed that the plaintiff should participate in the "FAR redevelopment project", and on July 28, 201, the plaintiff accepted the above proposal and established G Co., Ltd. (hereinafter "G") on July 28, 201, and the representative director I actually invested in the total amount of KRW 100 million in G's capital, but the defendant should appear to have invested 30% of the shares of G in the name of the defendant, while the defendant registered the defendant as a joint representative director of G with I in order to show a strong intent to promote the project.