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1. The defendant shall pay 374,000,000 won to the plaintiff.
2. The plaintiff's remaining claims are dismissed.
3. The costs of the lawsuit.
Reasons
1. Facts of recognition;
A. The Plaintiff is a person operating a used vehicle sales business, and the Defendant is a company that operates a vehicle sales business by establishing a vehicle exhibition center (hereinafter “Defendant exhibition center”) in 239-8, Seoyang-gu, Seoyang-gu, U.S.A. law due to the official sea of the Mingz.
B. Around November 5, 2013, the Plaintiff entered into a sales contract with DS63 AMG vehicle (1) to purchase WS63 AM vehicle at KRW 120,000,00 with DS63 with DS63 DM vehicle affiliated with the Defendant exhibitionroom.
(2) The Plaintiff paid KRW 70,000,000 on November 1, 2011, 201, and KRW 29,800,000 on November 21, 2013 as the financial account under the above sales contract, and paid KRW 8,400,000 on November 14, 2013 as the financial account under the Defendant’s name; and paid KRW 8,400,000 on the same day as the financial account under the Defendant’s name; and paid KRW 7,00,000 on October 15, 2013 as the remaining sales amount of KRW 7,00,000 on B by offsetting it as the claim for refund of the sales amount.
(3) On November 21, 2013, the Plaintiff acquired the instant Benz ls63 AMG vehicle at the Defendant’s pre-market.
C. On November 19, 2013, the Plaintiff concluded a sales contract with B to purchase at KRW 84,000,000 CSSS63 AMG vehicles.
(2) The Plaintiff paid KRW 79,00,000 on the same day to the financial account in the name of B, and paid the remainder of KRW 5,000,000 by credit card in the Defendant’s entire market.
(3) On November 19, 2013, the Plaintiff accepted the instant Benz ls350 AMG vehicle at the Defendant’s pre-market.
E200 vehicle sales (1) On November 26, 2013, the Plaintiff entered into a sales contract with B to purchase 50,000 vehicle E-20 won between B and B.
(2) On November 26, 2013, the Plaintiff paid KRW 10,000,000, and KRW 20,000,000 on November 29, 2013, and KRW 19,80,000 on December 2, 2013, respectively, to the financial account in the name of B, and paid the full amount of the purchase price under the said sales contract.