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(영문) 대구지방법원서부지원 2017.11.01 2016가단22374

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.


1. Basic facts

A. The Plaintiff was the owner of the automobile indicated in the attached list (hereinafter “instant vehicle”), and the Defendant is the person operating the “C”, a medium-sized vehicle dealer.

B. Around November 2, 2016, the Plaintiff sent the instant vehicle to D while entrusting the sale of the instant vehicle owned by the Plaintiff, and D, on the same day, to E, to E, to E, and to F, to G, and to request G to color the buyer of the instant vehicle in sequence (E, F, and G are employees who are engaged in the sales of the instant vehicle in the same used vehicle and who work in the same used vehicle trading business as F and G, as both of them). Ultimately, the Defendant, who was introduced by G on November 3, 2016, purchased the instant vehicle in the price of 2,580,000 won (a separate fee forG).

(hereinafter “instant sales contract”). C.

On November 3, 2016, on the date of the conclusion of the instant sales contract, the Defendant paid the purchase price and fees in full to G’s account through H, who is an employee of the Defendant, and received the instant vehicle. On November 4, 2016, the Plaintiff issued a certificate of personal seal impression for selling the Plaintiff’s vehicle (name, resident registration number, and address) to the buyer column of the vehicle and delivered it to D along with the registration certificate, etc., and around that time, D delivered the said certificate of personal seal impression and registration certificate, etc. to G.

On November 11, 2016, the Defendant received a certificate of personal seal impression and a registration certificate for vehicle sales issued by the Plaintiff as described in the foregoing paragraph (c) through the G on the same day, and completed the transfer of ownership on the instant vehicle in the name of the Defendant.

E. Meanwhile, on November 3, 2016, G remitted the sales price of the instant vehicle to F in full KRW 25.8 million, and F remitted KRW 25 million among them to E as the sales price of the instant vehicle, and E remitted the total amount of KRW 25 million to D before and after that time, but D did not pay it to the Plaintiff.

F. The Plaintiff around November 9, 2016.