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(영문) 서울서부지방법원 2017.01.12 2016가단670
손해배상
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. 1) The Defendant was a person operating the used vehicle transaction business in the name of “D (former E prior to the change of trade name)” in Yangju-si, and F was the Defendant’s husband. 2) GN was changed into G on July 22, 2013.

On September 30, 2009, the term “the instant vehicle” was newly registered under the name of “the same parent company,” and on August 25, 2010, the name transfer registration was made on February 22, 2013 in the name of “H”.

3) On February 22, 2013, after purchasing the instant vehicle damaged due to an accident with K’s investment, the J operated the I borrowed the name of the Plaintiff from K, a vehicle dealer operating L, and completed the transfer registration procedure in the future. On October 2013, it accepted the instant vehicle, such as exchanging the rear part of the instant vehicle in a different body, and then delivered the said vehicle to M as requested for the sale and purchase of the instant vehicle by a vehicle maintenance business operator, around October 2013. 4), M requested F to sell the instant vehicle at the time of delivery.

On October 12, 2013, KRW 17,500,000 was remitted from the Defendant’s account to M’s account. M remitted KRW 16,00,000 to J on October 12, 2013, and around that time, transferred the instant vehicle to F.

5) On November 11, 2013, H: “L shall delegate D the sales brokerage of the instant vehicle to D; “L shall prepare all necessary documents for the transfer of the name, such as a used vehicle sales brokerage commission letter, etc.”; 6) The Plaintiff first viewed the instant vehicle at D stores on October 1, 2013 to purchase the instant vehicle at KRW 19,00,000,000 as the down payment, and then purchased the instant vehicle at KRW 8,00,000 as the down payment, and purchased the automobile insurance with the instant vehicle as an insured vehicle.

7 With respect to the instant vehicle on November 21, 2013, the Plaintiff and FF.

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