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(영문) 춘천지방법원 2015.06.19 2014나4518
매매대금
Text

1. Upon receipt of a claim for change in exchange at the trial, the Defendant shall pay to the Plaintiff KRW 4 million and its related amount.

Reasons

1. Comprehensively taking account of the overall purport of the arguments as to the cause of the claim Gap's evidence Nos. 2 through 5 (including the number of branch numbers) and the purport of the entire pleadings, the Plaintiff requested the Defendant, who acts as a broker for the sale of used cars on April 26, 2013, to sell the Plaintiff's automobile and received KRW 13.5 million as the down payment on the day, and received KRW 2 million as the down payment. The Defendant sold the Plaintiff's automobile to C and received KRW 12 million as the purchase price, but paid only KRW 6 million to the Plaintiff. The Defendant can recognize the fact that the remainder of the purchase price was individually consumed.

According to the above facts, the Defendant arbitrarily consumed and embezzled 4 million won out of the purchase price of automobile received from C for the Plaintiff.

Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 20% per annum from April 26, 2015 to the day of full payment, which is the day following the delivery of a copy of the application for modification of the purport of the claim of this case, for the damages for delay calculated from April 26, 2015.

2. In conclusion, the plaintiff's claim that is changed in exchange at the trial is justified within the scope of the above recognition, and the remaining claim is dismissed as it is without merit. It is so decided as per Disposition.

(A) A lawsuit seeking a purchase price and an agreed amount against the Defendant is withdrawn due to a change in the exchange of litigation made at the trial, and the judgment of the first instance was invalidated).

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