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1. The Plaintiff:
A. Defendant B’s KRW 82,00,000 as well as 5% per annum from October 11, 2017 to March 12, 2020.
Reasons
1. Facts of recognition;
A. The Plaintiff is a person who operates a used car brokerage and sales company (hereinafter “instant trading company”) under the trade name “E” in Suwon-si, Suwon-si, Suwon-si.
Defendant B is an employee who works as a used vehicle intermediary or sales in the instant commercial company, and Defendant C is punished by Defendant B.
B. On March 2017, Defendant C entered into an agreement on financial guarantee (hereinafter referred to as “instant agreement on financial guarantee”) with the purport that “Defendant B shall be liable for all damages to his/her superior due to intention or negligence in connection with the automobile transaction while in his/her office” (hereinafter referred to as “instant agreement on financial guarantee”) to the Plaintiff.
C. Defendant B borrowed the purchase fund from the Plaintiff to purchase used cars with the said money, and subsequently registered the instant used cars under the name of the company, or stored the said used cars in the instant commercial name, thereby gaining profits from the difference between the sales proceeds and the purchase fund.
Upon Defendant B’s request for vehicle purchase goods, the Plaintiff lent the vehicle purchase price to Defendant B’s account as indicated below. Defendant B did not transfer the vehicle purchase price to the instant commercial name with respect to the used cars used or purchased the money.
The temporary amount of the sequence 10,000 won in the status of 35,00,000 won (BM420i) as of 18,04.18, 2017, useful on August 2, 2017, 300,000 won in G (Ttigu TDI) using 24,000,000 won in the status of G (Etiguan TDI) (based on recognition) [The grounds for recognition] subparagraphs 1 through 3, 5, Eul evidence 1, the entry in the items of evidence No. 1, No. 1, 2017, the head of the Si/Gun of the Si/Gun, the Si/Gun/Gu, the inquiry results on the Gwangju City, the purport of the entire pleadings, and the purport of the entire pleadings.
2. The assertion and judgment
A. According to the determination on the cause of the claim 1, Defendant B, while serving in the instant commercial, was used as a used motor vehicle from the Plaintiff.