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(영문) 서울중앙지방법원 2013.11.15 2012가합537763
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. B’s operating method (i) The Plaintiff is a person working in the imported used cars selling company, and the Defendant is a company selling automobiles such as imported tea benz, etc., and B is a person who was employed in the Defendant company on November 24, 2003 and served as a member of the D exhibition business until July 31, 2012.

SheB, while working for the Defendant Company, requested the sale of the second class of vehicles previously held by the Defendant Company, he was entrusted with the authority to sell the second class of vehicles, consulted on the terms and conditions of sales such as the second class of the import and the second class of the sales company, and traded by receiving the second class of the vehicle from the import and the second class of the sales company to the account he designates, and then receiving the second class of the vehicle after deducting the second class payment from the customers.

B. The Plaintiff purchased a secondhand car (E) from B and deposited KRW 4,400,000 on June 28, 2012 with the national bank account of B, and deposited KRW 16,220,401 on July 2, 2012, and then did not pay the remainder of the lease price paid by B to the national bank account of B. The Plaintiff additionally paid KRW 106,220,401 and acquired ownership.

B. On July 5, 2012, the Plaintiff purchased heavy benz car (F) from B, and deposited KRW 24 million in the national bank account of B, but the Plaintiff did not transfer its ownership.

Article 50,000,000 won from July 24, 2012 to the Korean bank account of 53,000,000 won and 3 million won from B’s national bank account of 53,000,000 won from July 24, 2012, but the Plaintiff did not transfer its ownership.

C. A criminal case B against B aggravated financial standing from April 2012: (a) as a result of the aggravation of financial standing from around April 2012, 10 to July 2012, 200, 10 heavy-income cars will be paid in advance from around April 2012 to around July 2012.

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