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(영문) 대전지방법원 2015.04.16 2013가단31561
매매대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On July 21, 2013, the Plaintiff placed an advertisement on the mid-term equipment trading website in order to sell construction machinery listed in the attached Form (hereinafter “instant log”).

B. On July 22, 2013, Nonparty 1 asked the Plaintiff to sell the instant route by phoneing to the Plaintiff as an intermediary, and the Plaintiff consented thereto.

On the same day, the person who was unable to receive the name card refers to the Plaintiff again to the next day, and shows the instant route to send his employee to the Plaintiff on the next day, and when there are people, the person who was unable to receive the name card refers to the Plaintiff as “Iber” if he calls the name card to the Plaintiff.

C. On the other hand, on July 23, 2013, the name-free persons were to call to the Defendant who operates the pertinent log C and sell the instant log, and the instant logs were in the parking lot for the government-type government office, and they were in the hospital, so they cannot go to the site, and thus, they confirmed theme to move to the Plaintiff. Accordingly, the Defendant was in the vicinity of the said parking lot, along with Nonparty D.

The Plaintiff, as seen above, told the Defendant, etc. that “I talk from Iber. I do not want to sell the instant log without any filing,” and allowed the Defendant to check the status of the instant log.

E. After completing the inspection of the state of the log in this case, the Defendant returned home to the deceased and returned the purchase price of the log in this case to the post office account in the name of Nonparty E, who was designated by the deceased and thus, determined as KRW 53 million (the Defendant decided to take over the loan debt in relation to the loan debt in relation to the No.S. Sugsan, which was a mortgage on the log in this case). On the same day, the Defendant remitted the down payment amount of KRW 5 million to the post office account in the name of Nonparty E, who was

F. Around that time, a person with no name may call the Plaintiff and “the life of the person who lives the vehicle.”

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