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(영문) 광주지방법원 순천지원 2018.07.19 2017가합13053
손해배상(기)
Text

1. Defendant B and D jointly and severally with the Plaintiff KRW 219,200,00 and Defendant B with respect thereto from October 13, 2017, and Defendant D.

Reasons

1. Basic facts (applicable for recognition: Fact that there is no dispute, Gap evidence 1 through 7 (including paper numbers), Eul evidence 1, and the purport of the whole pleadings);

A. The Plaintiff is a corporation operating car rental business, Defendant B is a senior automobile dealer, Defendant D is an employee of Defendant B, and Defendant C is an employee of Defendant B, and Defendant C is a person operating car maintenance business with the trade name of “E”.

B. The Plaintiff confirmed FMW 730LD car (hereinafter “instant vehicle”) on the Internet website operated by Defendant B, and entered into a contract with Defendant B to purchase the instant vehicle after oral consultation with Defendant B and D on the terms of sale.

1. Indication of automobiles to be sold: The automobiles in this case;

2.In selling and buying the foregoing motor vehicle, Article 1 of the Terms and Conditions of the Contract, the following shall be paid:

The sales amount of KRW 78,00,000 down payment of KRW 60,000 shall be paid at the time of the contract, KRW 9,000,000,000,000,000 before and after the completion of the repair.

Article 3 (Simultaneous Performance, etc.) Any seller shall deliver to the buyer the motor vehicle and the documents required for the registration of transfer of ownership through the receipt and redemption of any balance.

Article 10 (Penalties) In the event of a seller's breach of contract, he/she shall compensate for an amount double the down payment as a penalty, and if the buyer has placed the down payment into the penalty, he/she shall

Special contract terms: The repair period shall be from six up to seven weeks.

The repair commencement shall begin at the time of the completion of the payment of part payments.

Deposit Account: Enterprise Bank G Defendant D

C. On June 13, 2016, the Plaintiff received the instant sales contract (hereinafter “instant sales contract”) as follows from Defendant B by facsimile. The “seller” column of the said contract includes the trade name, “E”, Defendant C’s name, and the business registration number and address of “E”, and Defendant C’s seal (hereinafter “Defendant C’s name and seal”).

On June 13, 2016, the Plaintiff is Defendant D's.

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