logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2016.10.19 2015가단57498
부당이득금
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 15, 2015, the Plaintiff: (a) signed a certificate of automobile transfer to a person who is engaged in a secondhand car sales business; (b) on May 15, 2015, the Plaintiff drafted a certificate of automobile transfer to a transferor, a transferor D, and a transferee.

B. The above car transfer certificate states that KRW 17 million shall be deposited into the Agricultural Cooperative Account under the name of the defendant.

C. Accordingly, the Plaintiff deposited KRW 17 million into the account in the name of the Defendant on May 15, 2015.

D had the transfer of ownership to F with respect to the car at the E mother cost.

[Grounds for recognition] Evidence Nos. 1 through 4, the purport of the whole pleadings

2. Determination

A. On May 14, 2015, the Plaintiff, as the cause of the Plaintiff’s claim, was phoneed from the nameless winners who introduced himself/herself as G (hereinafter “nameless winners”).

On May 15, 2015, the person under whose name was not paid was the Plaintiff, and the Plaintiff and the person under whose name was not paid, agreed to sell one vehicle on the next day.

On May 15, 2015, the Plaintiff entered into a sales contract with the owner D of EMobridge vehicle at a place where the promise was made, and remitted KRW 17 million to the account in the name of the Defendant, which was known to the bearer of the contract while preparing the contract, and the Defendant withdrawn the contract and delivered it to the person who was unaware of his name.

D, however, argued that there was no consent to deposit of the purchase price into the account in the name of the defendant, and sold EMobage vehicle to a third party.

Ultimately, the defendant is liable to compensate the plaintiff as a joint tortfeasor for the amount equivalent to the purchase price, as the joint tortfeasor, because the plaintiff's money deposited in the defendant's deposit account was illegally lent or transferred to the person who has failed to name, and further, was withdrawn from the plaintiff's money deposited in the defendant's deposit account and delivered it to the person who has failed

B. Article 760 of the Civil Act of the judgment.

arrow