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(영문) 인천지방법원 2018.10.26 2017가단241191
손해배상(기)
Text

1. The Plaintiff:

(a) Defendant B 29,173,733 and any related amount;

B. Defendant C is jointly and severally with Defendant B.

Reasons

1. Facts of recognition;

A. Defendant B was employed by the Plaintiff, who is a trading company of used cars on May 2, 2014, and was employed as a sales company until February 2, 2017, and was employed as a sales company (one person). In short, Defendant B borrowed money from the Plaintiff due to the lack of its own funds, purchased used cars and made a transfer registration in the future with the money, and provided used cars purchased from the Plaintiff at the same time, and made a transfer registration in the future, and received a loan within three months, and repaid the loan with the loan, and repaid the Plaintiff’s loan with the loan, and sold used cars and repaid the loan with the borrowed money by selling used cars for three months after the maturity of the loan. The remainder of the profit from the sale of used cars has been engaged in the business of buying and selling used cars by means of its acquisition.

B. Around August 2016, Defendant C, the wife of Defendant B, entered into a guarantee agreement on the identity of the Plaintiff and Defendant B, which guarantees joint reimbursement within the limit of KRW 20 million, in a case where the Plaintiff and Defendant B caused damages to the Plaintiff in the course of performing the said duties by intention or negligence.

C. From July 3, 2014 to February 15, 2017, the Plaintiff transferred KRW 65,902,373 in total on six occasions at Defendant B’s request, under the name of the purchase price for the heavy vehicle. Defendant B did not purchase or purchased a vehicle and used it individually without paying all or part of the purchase price.

Specific details are as listed in [Attachment I], 53,802, 373 won). D.

The Plaintiff spent KRW 57,211,360 in total as used cars to be purchased at Defendant B’s request from July 2016 to February 2017. However, after the sale of a vehicle purchased by Defendant B, there was a deficit of KRW 8,271,360 as a result of the settlement of the purchase price, expenses, etc. after the sale of the vehicle purchased by Defendant B, which determined the purchase price for used cars at a higher level than the market price by negligence.

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