logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2017.05.24 2016가단225680
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On May 16, 2016, the Plaintiff engaged in the business of trading used cars with mobile phone numbers C (hereinafter referred to as “persons without the name”) was only the Defendant to purchase DMW 520D cars owned by the Defendant (hereinafter referred to as “instant cars”).

Although the Defendant also stated that the name of the person who was unable to receive the statement is “E”, the evidence submitted alone does not confirm whether the name of the person who was unable to obtain the statement is “E” or not.

On May 16, 2016, the Plaintiff continued to sell the instant motor vehicle by introduction.

B. On May 16, 2016, the Plaintiff and the Defendant drafted a motor vehicle transfer certificate (for the motor vehicle dealer transaction) stating that “the Defendant sells the instant motor vehicle to the Plaintiff in KRW 25,500,000” (for the motor vehicle dealer transaction).

A contract under the above automobile transfer certificate (hereinafter referred to as "this case sales contract") shall be (hereinafter referred to as "automobile dealer transaction").

On May 16, 2016, the Plaintiff transferred 25,50,000 won (i.e., KRW 18,379,000 (= KRW 18,379,000) in the name of Korea bank account (Account Number 100560282301, hereinafter referred to as “Korea bank account”) under the name of Korea Bank account, which was sent by the non-person named in text message, and KRW 7,121,000 (= KRW 18,379,000) in total, around the same day and after the same day.

[Ground of recognition] Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 4 (including paper numbers), the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserted 1 Plaintiff’s assertion listens to the language of requesting the transfer of the purchase price to a bank account notified by the Defendant at the time of entering into the instant sales contract, and received the bank account number from a person with no name, and subsequently confirmed that the transfer of the purchase price from the Defendant to the Korean bank account, and subsequently, transferred KRW 25,500,000 to the Korean bank account on May 16, 2016, and all the purchase price under the instant sales contract to the Defendant.

arrow