beta
Text
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. Defendant B and C, as married couple, operated a teahouse of the trade name “E” operated by Defendant C, and imported visible difference from G, which is on the roadway, with the trade name of “F” on the roadway, and sold it in E.
B. Defendant D is Defendant B’s children.
C. The Plaintiff filed a complaint against the Defendants with the Ulsan-nam Police Station on September 25, 201 with the purport that “The Defendant, even though he did not wish to purchase the vehicle at the same price as the purchase price from G, sold it at a price lower than the actual purchase price, and the G sold it as if it was a high-priced package, thereby obtaining the payment from the Plaintiff.” However, the Ulsan Busan District Prosecutors’ Office did not impose a non-prosecution disposition on the grounds that there was insufficient evidence against the Defendants on September 25, 2012.
When the plaintiff appealed against the above non-prosecution disposition, the Busan High Prosecutor's Office ordered re-investigation, and the Ulsan District Prosecutor's Office ordered the defendants to conduct re-investigation and reinforcement investigation, but it could not clarify the authenticity of the defendants without going through G as a witness.
[Ground of recognition] The facts without any dispute, Gap 3 through Gap 16, Gap 17-1 through 36, Gap 18, Eul 3, and the purport of whole pleadings
2. The assertion and judgment
A. The Defendants asserted in collusion with the Plaintiff: (a) the Plaintiff, even though there was no intention to purchase the vehicle to purchase the vehicle at the price that it was purchased from Taiwan, and the Plaintiff entrusted the Defendant with the purchase of the vehicle; (b) the Defendants sold the vehicle at a price that was lower than the actual purchase price to the Plaintiff at a price that was lower than the actual purchase price; and (c) acquired the amount of KRW 350,392,00,000, which is equivalent to the difference, by deceiving