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(영문) 서울중앙지방법원 2021.01.28 2019가단5034247
손해배상(기)
Text

Plaintiff

C. Each action against Defendant N andO shall be dismissed.

The plaintiffs' defendant K, L, and M respectively.

Reasons

1. Facts of recognition;

A. Defendant K Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is a company whose business purpose is trucking transport business and trucking transport arrangement business, etc., and Defendant L is the representative director of the Defendant Co., Ltd., and Defendant M is the company’s internal residence (Provided, That Defendant M was the auditor of the Defendant Co., Ltd at the time of entering into each of the instant contracts as seen below between the Plaintiffs and the Defendant Co., Ltd.). (b) The Plaintiffs visiting the Defendant Co., Ltd. by reporting the advertising of prospective borrowers published in the name of the Defendant Co., Ltd., and information on the Defendant Co., Ltd. posted on the Defendant Co., Ltd.’s website and explaining the freight transport business,

(c)

From November 2015 to June 2017, the Plaintiffs agreed to purchase and operate a wing vehicle through the Defendant Company. The Plaintiffs concluded a contract with the Defendant Company on behalf of the Plaintiffs on the purchase price of the rolling stock (which includes both the purchase price of the rolling stock to be purchased by the Plaintiffs, the registration tax and insurance premium for the said rolling stock, the price for manufacturing the wing of the said wing vehicle, the sales number plate cost, and the fee to be paid to the Defendant Company) with the purchase price of the rolling stock. The Plaintiffs paid to the Defendant Company an amount of approximately KRW 2,30 million, which is less than KRW 10 million in terms of the type of the rolling stock to be purchased by the Plaintiffs. The Defendant Company concluded a contract with the Plaintiffs on behalf of the Plaintiffs on the rolling stock purchase of the rolling stock, etc., the wing storage of the wing vehicle, the management of the wing vehicle, and each of the instant rolling stock brokerage contracts (which refers to the purchase contract).

(d)

The Plaintiffs purchased through the Defendant Company after receiving a loan, etc. from financial institutions and paying the acquisition of freight vehicles under each of the instant contracts to the Defendant Company.

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