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(영문) 서울중앙지방법원 2016.03.25 2014가단5285590
손해배상(기)
Text

1. The claim of this case is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff entered into a sales agency contract between B and B with the content that grants the right of representation to the Defendant to sell a motor vehicle manufactured and supplied by the Defendant, and B operated the sales agency according to the above contract.

B. On January 27, 2014, the Plaintiff concluded a motor vehicle sales contract with the content of purchasing a motor vehicle manufactured by the Defendant Company at KRW 27,750,000.

On February 18, 2014, KRW 27,347,652 of the price of the said automobile was approved by the Plaintiff’s credit card (NM card).

On April 4, 2014, the Plaintiff borrowed KRW 28 million from the Gyeongnam Bank and repaid the credit card payment.

C. The Plaintiff deposited KRW 21 million into D’s account, a business employee of the said Csale Agency, and deposited KRW 200 to KRW 3 million on nine occasions between December 1, 2013 and March 6, 2014.

On the other hand, on February 19, 2014, the Plaintiff concluded a motor vehicle sales contract with the content that the Plaintiff purchased the rocketing motor vehicle manufactured by the Aeronautical motor vehicle at the Korea-Japan Agency for KRW 30,930,000.

Around that time, the Plaintiff entered into an installment loan transaction agreement for KRW 30,300,000 out of the price of the said automobile in Hyundai Capital.

[Basic Facts] Facts without dispute, Gap evidence Nos. 1, 2, 2 through 6, Eul evidence No. 1

2. The parties' assertion and judgment

A. The gist of the Plaintiff’s assertion 1 was as follows: (a) during the process of purchasing a passenger car of Defendant Company, the Plaintiff took fraud from D; and (b) details thereof are as follows.

If the plaintiff makes advance payment of vehicle price to D's account, it would be 20 million won as an officer or employee of a modern automobile with low 30% of the price.

However, in order to receive these benefits, it is necessary to purchase and sell the rocketing motor vehicle under the name of the plaintiff after obtaining a discount loan from the Hyundai Capital.

Specifically, if the Plaintiff pays the total amount of KRW 27,347,652 by credit card, the Plaintiff is paid in advance as above, ① 20 million.

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