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(영문) 수원지방법원안산지원 2015.01.15 2014가합20988
손해배상(기)
Text

1. Defendant C:

A. The Plaintiff 70,000,000 won and the interest rate of 20% per annum from May 14, 2014 to the date of full payment.

Reasons

1. Facts of recognition;

A. The relevant Plaintiffs are married couple, and Defendant C served as Defendant Throps Co., Ltd. (hereinafter “Defendant Company”) from around 2005 to around 2013.

B. The agreement and disposition 1 regarding vehicles listed in attached Form 1) Plaintiff B around June 2012 between Plaintiff C and Defendant C, and Plaintiff B’s vehicle listed in attached Form 1 from Defendant Company (hereinafter “instant vehicle 1”).

(2) The Defendant Company purchased KRW 70,000,000 and entered the Defendant Company, and the Defendant Company agreed to pay KRW 2,50,000 per month to the Plaintiff Company while operating the said vehicle. On the same day, Plaintiff B agreed to pay KRW 40,00,000 to the Defendant Company C with the purchase price of the instant first vehicle, and the remainder of KRW 30,000,000 agreed to pay KRW 2,50,000 to the Plaintiff B for 12 months (=2,50,000 x 12 months). The Plaintiff Company entered into an entrustment management contract with the Defendant Company on June 1, 2012, and the Defendant Company completed the transfer of ownership as to the instant first vehicle.

3) Plaintiff B requested Defendant C to dispose of the instant 1 vehicle. around December 10, 2013, Defendant C transferred the status of the instant 1 vehicle and the instant 1 vehicle to D in KRW 70,000,000 under the consignment management contract with the Defendant Company. Defendant C received KRW 70,000,000 from D and paid KRW 20,000 to Plaintiff B while being kept in custody, and used KRW 50,000,000 for the remainder at will. (c) around April 2012, Plaintiff C, a private village student of the instant 1) purchased the instant 20,000,000 from Defendant C in the name of Defendant C (hereinafter “the instant 20,000,000) and purchased the instant 20,000,000 won to Nonparty C in the name of Defendant C (hereinafter “the instant 20,50,000”).

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