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(영문) 서울중앙지방법원 2016.08.04 2015가단5122313
양수금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. On November 13, 2014, the Plaintiff entered into a motor vehicle management right transfer agreement (hereinafter referred to as the “instant contract”) with Defendant C to acquire KRW 72 million in the price of E 2007 new frequency truck (hereinafter referred to as “instant vehicle”) that was left in the name of Defendant D (hereinafter referred to as “D”) as a broker by Defendant C.

The Plaintiff paid 72 million won to Defendant B by the 14th day of the same month, and Defendant B delivered the instant vehicle to the Plaintiff around that time, and the Plaintiff concluded an entrustment management contract with D as of November 14, 2014, thereby enabling the Plaintiff to operate the instant vehicle as a vehicle.

In addition, the content of the sale advertisement posted by Defendant C in the local newspaper for the sale of the instant vehicle (hereinafter “instant advertisement”) is as follows.

In other words, “wing wing Fran, Hyundai 9.5 tons, subsidies of 500 to 6 million won per month, 1.0 million subsidies from Ulsan Franchising and lending or Agsan MBS, 08 to 17 Sim, and 5 days per week, ship tower, personal direct takeover fee, 76 million won, contact contact amount,” and in the vehicle register of the instant vehicle on January 21, 2014, the registration of changes in the size of the instant vehicle: Bwing Fran(s) and structural changes: Bwing Fran(s). On August 12, 2014, the registration of changes was made to the following: “The vehicle inspection, the vehicle inspection division: the regular inspection of the LIMS: the inspection division; and the inspection 274381.”

In addition, the determination result of the above regular car inspection was “successful”, and the validity period of the inspection was from August 13, 2014 to February 12, 2015.

[Ground of recognition] Facts without dispute, Gap 1 through 6, 15, and the fact-finding response results to the Korea Transportation Safety Authority of this court, the purport of the whole pleadings

2. The Plaintiff’s assertion Defendants changed the illegal structure to increase the wing 20cc of the instant vehicle. This led to the change of the vehicle structure.

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