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(영문) 수원지방법원 2017.07.20 2016나59157
대여금
Text

1. The judgment of the first instance, including the Plaintiff’s claim that was reduced and expanded by this court, shall be modified as follows.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant Company (the company name at the time of the instant suit was “B,” but the name of the company was changed to “Company G,” and the court corrected the Defendant indication in this court) are companies engaging in the business of receiving a successful bid for used cars used by a public institution in the process of public auction and selling or arranging the sale or purchase, and the Defendant C is registered as an internal director of the Defendant Company.

B. In the process of public sale, the Plaintiff agreed to return the said amount paid by the Defendant Company to the Plaintiff on behalf of the Defendant Company, out of the motor vehicle prices belonging to the Seoul and Gyeongnam-do Provincial Police Agency, which were awarded a successful bid by the Defendant Company, (i) December 23, 2014; (ii) December 24, 2014; and (iii) December 29, 2014; and (iv) December 829, 2014; and (iv) the said amount paid by the Plaintiff on behalf of the Defendant Company.

C. On February 5, 2015, Defendant C sold the instant vehicle to the “H” and “J” to the price of KRW 36 million, which is owned by the Plaintiff (hereinafter “instant vehicle”), and received delivery of the instant vehicle from the Plaintiff.

However, the defendant C only paid 10 million won as down payment to the plaintiff until the date of the conclusion of the argument of this case, but did not return the above vehicle or pay the balance of the above vehicle sales.

[Ground of recognition] Facts without dispute, entry of Gap 4 and 6 evidence (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. Plaintiff 1) The Plaintiff lent money as stated in the above paragraph 1-b (b) above to Defendant C, and Defendant C is obligated to return the above loan. (2) The Defendant C, a director of the Defendant C, sold the instant vehicle, deceiving the Plaintiff, thereby deceiving the Plaintiff, thereby receiving the instant vehicle from the Plaintiff, and defrauded the balance of the said money (36 million won-10 million won). Since the aforementioned tort committed by Defendant C is related to the duties of the director of the Defendant C, the Defendants are jointly and severally liable to compensate the Plaintiff for the said money.

(b).

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