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1. Defendant B’s KRW 48,430,00 for the Plaintiff and KRW 5% per annum from December 11, 2017 to December 9, 2019.
Reasons
1. Claim against the defendant B
A. The facts of recognition 1) Defendant B made a false statement to the Plaintiff on September 22, 2017, in the Seo-gu Incheon Metropolitan Government D D Building, stating, “The Plaintiff will sell 6.87 million won including the cost of transferring the vehicle at the 200,000 won.” However, the above vehicle is a “Sperve” in the name of a price significantly lower than the actual purchase price of the vehicle, and Defendant B did not have the intent or ability to sell the above vehicle at 6.87 million won. As above, Defendant B by deceiving the Plaintiff as above, Defendant B received 6.87 million won from the Plaintiff to the account of Defendant B as the sale price of the vehicle on the same day. (2) Defendant B received money from the Plaintiff as stated in the above paragraph 1, at the same time and place as stated in the above paragraph 1, and then acquired it to the Plaintiff as “the above vehicle’s succession cost,” and it cannot be said that the contract should be cancelled, instead of the above vehicle, if it purchased the vehicle at the end of 3.564 million won.
However, the defendant B did not have the intention or ability to rent the above vehicle for the four months after the end of the four months.
Defendant B, as seen above, by deceiving the Plaintiff, had the Plaintiff borrow 36.5 million won from the F Company as the purchase price for the said vehicle from September 23, 2017, and acquired it by remittance.
3) On December 9, 2017, Defendant B made a false statement to the Plaintiff’s request that Defendant B comply with the lending and borrowing commitments as described in the foregoing paragraph (2).
하지만 사실 피고 B은 위 돈을 가로챌 생각뿐이었고, 차량을 대차해 줄 의사나 능력이 없었다.
As above, Defendant B, by deceiving the Plaintiff, received money from the Plaintiff to Defendant B’s account in terms of the recovery cost, and acquired money of KRW 4.4 million from December 9, 2017, and KRW 600,000 from December 11, 2017, respectively.
4. Defendant B, upon receiving a request from the Plaintiff to terminate the sales contract, tried to examine the ground for appeal.