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(영문) 울산지방법원 2020.08.20 2019나180
매매대금반환
Text

1. As to the defendant in the Disposition 1 and 2 of the first instance judgment, including the plaintiff's claim extended by this court.

Reasons

1. Facts of recognition;

A. The Defendant, as the party, worked as the sales division of E, a secondary sales business establishment located in the JJ in Bupyeong-si, which was operated by B.

B. On July 24, 2017, the Plaintiff, who was residing in Ulsan, visited the E store to purchase a car, which was possessed by E on July 24, 2017, and conducted negotiations on the premise of a sales contract for a car.

(2) However, a subordinate employee of the defendant shows that the vehicle number different from the vehicle is different from that of the vehicle to the plaintiff or that the vehicle is borrowed separately from the income tax.

At the same time, G rocketing and other vehicles (hereinafter referred to as “instant vehicles”) should be required to bear additional duties and recommended to purchase them.

(3) Accordingly, the Plaintiff entered into a sales contract (hereinafter “instant sales contract”) with the Defendant on behalf of the Plaintiff Company F, the owner of the instant secondhand car (hereinafter “F”) to purchase the said secondhand car at KRW 23,125,00 (hereinafter “sale price”).

(4) After the conclusion of the instant sales contract, the Plaintiff paid the Defendant a loan of KRW 19.8 million and KRW 5 million in cash with the Defendant, thereby paying all the instant sales price and the transfer cost. On July 26, 2017, the Plaintiff completed the registration of transfer of ownership in its name with respect to the instant used vehicles.

C. The current status of the instant used vehicle (1) the instant used vehicle was about 80,394 km at the time of the instant sales contract, and the middle used vehicle was KRW 8,000,000,000 at the time of the instant sales contract.

(2) On July 31, 2014, the instant second class was first registered, and at the time of the registration, the ex-factory price (new price) was KRW 16,218,182 (including value-added tax), which was KRW 17,840,00 (including value-added tax).

(3) The Defendant shall directly enter the instant sales contract into the type, mileage, sales amount, etc. of a secondhand car in his own pen.

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