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(영문) 춘천지방법원강릉지원 2014.11.11 2014나489
매매대금반환
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Basic facts

A. On June 10, 2013, Defendant B registered in order to sell the D QM5 vehicle (hereinafter “instant vehicle”) owned by Defendant B on the website of used vehicle trading “SKkk,” and the Plaintiff was a person who engages in the wholesale and retail business of the instant vehicle with the trade name “E,” and was called on June 11, 2013, and the Plaintiff was called to sell a motor vehicle from a person who was not the name, and the Plaintiff, the husband of the Plaintiff, was called the Samyang-dong community service center, Samyang-dong, the place of promise, and confirmed the instant vehicle.

B. At the time, Defendant B introduced himself as the wife of a person who was unable to obtain his name, and received the instant vehicle from the person who was unable to obtain his name, and thus, the sales of the instant vehicle should be made in name with respect to the sales of the vehicle. The Plaintiff F, the husband of the Plaintiff, agreed on the sales price of the instant vehicle with his name in cash with Defendant B’s Handphone, and then remitted the sales price of KRW 17 million to Defendant C’s Agricultural Bank account (G) presented at the request of Defendant B and the person who was not entitled to receive the instant vehicle, and Defendant B notified Defendant B of the F of the F’s facsimile number.

C. However, even though Defendant B deposited the instant vehicle into Defendant C’s account as requested for the purchase price of the instant vehicle, Defendant B did not deliver the instant vehicle to F by asserting that the said F was not paid the automobile price from the person in an defective name.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 3, the purport of the whole pleadings

2. According to the above facts of recognition, Defendant B and the person who was unaware of the name of the defendant were jointly aware of the plaintiff, thereby deceiving the plaintiff, and the defendant C had the person who was unaware of the name of the plaintiff use the passbook in his name, and neglected so that the person who was unaware of the passbook can be used in the act of defraudation, so the defendants were jointly and severally liable to the plaintiff.

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