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(영문) 서울고등법원 2018.06.20 2017나2058404
손해배상(기)
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. E engaged in the middle and high-ranking trading business, and established and operated a carpet (hereinafter “T” and “G”) in NAV from August 2013, and established the company G (hereinafter “G”) on July 6, 2015, and was active as the representative of the company around that time.

(2) On January 21, 2016, the representative in-house director shall be registered. (2)

(1) On July 13, 2016, Plaintiff C promised to transport a H franchise to E and commission the sale of a vehicle to sell the said vehicle at KRW 23 million, and delivered the said vehicle, and completed the transfer registration of ownership to G on July 13, 2016.

(2) On July 31, 2016, E obtained a loan from Plaintiff C under the name of Plaintiff C, and made the purchase of a secondhand car (IW 520d Automobiles) and made a false statement that the loan would be repaid immediately on the date of the loan.

Accordingly, Plaintiff C purchased I BMW 520D car through E on August 1, 2016 and deposited KRW 49,500,000 from the new bank to the G account instructed by E.

[E] A certificate of transfer (No. 15) of the said car written by the E on August 1, 2016, indicated “F” and indicated the Defendant’s mobile phone number in the contact column.

Plaintiff

B, on August 2, 2016, upon requesting E to purchase Nybrid Hybrid, entered into a high-end sales contract with E on a second-class purchase price of KRW 30 million with E on August 2, 2016, and remitted KRW 25 million to G accounts with the purchase price of the second-class high-class vehicle on August 5, 2016.

Plaintiff

D from July 21, 2016 to the same year

7. The same year from August 3, 2016 to the same year on the ground that it is impossible to perform the contract after paying 59,500,000 won in total with the purchase price for middle and high-ranking vehicles to purchase AD A7 from E three times until December 26.

8. Until June 8, 200,000 won was refunded.

Since then, around August 2016, E made a false statement to Plaintiff D that “I will complete payment of KRW 75 million,00,000,000,000,000,000,000,000,000,000,000,000 won, which is required to purchase the vehicle.”

Accordingly, Plaintiff D on August 2016.

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