(영문) 부산지방법원 2019.10.10 2019나1135 | 리걸엔진

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(영문) 부산지방법원 2019.10.10 2019나1135

물품대금

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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The following facts are recognized, either there is no dispute between the parties to the facts of recognition, or in full view of the entries in Gap evidence Nos. 1 and 5 and the purport of the entire arguments

A. The Plaintiff is the head of the business team for the trading of used cars with the trade name of Da located in Busan-gu, Busan-do, and the Defendant is the owner of E-AbdBA-G (hereinafter “instant vehicle”).

B. On July 7, 2018, the Defendant offered the said vehicle as a substitute on the Internet homepage to sell the instant vehicle to a middle class, and decided to sell the said vehicle in KRW 4,200,000 to the nameless party who made a telephone to purchase the said vehicle on the same day, and sent each photograph of the Defendant’s bank account number, driver’s license, and vehicle registration certificate to the nameless party.

C. On the other hand, on July 7, 2018, the Plaintiff received a phone call from the above person with no personal knowledge to sell the vehicle as a serious transaction, from which he/she received the vehicle registration certificate in the name of the Defendant, the vehicle photograph, and the Defendant’s driver’s identification card to cell phone. The Plaintiff decided to purchase the vehicle as KRW 2.75 million between the name-in person and the name-in person to purchase the vehicle as KRW 2.75 million.

On July 7, 2018, the Plaintiff deposited KRW 2.750,000 in the corporate bank account (Account Number:F) in the name of the Defendant, which was delivered by the non-member of the name in P.M., and the Defendant deposited KRW 2.755,00,00 from the non-member of the name bank, and received a telephone from the non-member of the name and the return of the said money by mistake, and transferred KRW 2.75,00 to the national bank account (the depositor: limited liability company, account number:H

E. The Plaintiff intended to accept the instant vehicle from the Defendant through a consignee, but the Defendant refused to deliver the said vehicle on the ground that the Defendant returned KRW 2.75 million deposited from the Plaintiff to the person who was unaware of the name.

2. Determination.

유사 판례

-대구지방법원서부지원 2015.07.09 2014가단26761

-부산지방법원동부지원 2014.03.18 2013가단12480

-창원지방법원 2015.05.28 2014가단16497

-인천지방법원 2018.12.13 2018나3403

-인천지방법원 2017.01.11 2016가단478