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(영문) 서울중앙지방법원 2019.08.19 2018가단5039511
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a company aimed at cargo transport business, etc., Defendant C is the representative of the Defendant Company, and Defendant D is a branch owner of the Defendant Company.

B. On September 12, 2016, the Plaintiff agreed to purchase and operate a rolling stock through the Defendant Company, prepared a letter of transfer and takeover of a motor vehicle between the Defendant Company and the Defendant Company, setting the purchase price of KRW 75,000,000, and entered into an entrustment contract for the F Truck on September 30, 2016.

C. On September 19, 2016, the Plaintiff borrowed KRW 75,000,000 from G and paid the full purchase price to Defendant Company on the same day.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3 through 6 (including each number), the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff asserted that the Defendant Company promised to provide fixed jobs to the Plaintiff even though there was no intent or ability to provide the Plaintiff with the fixed jobs, and deceiving the Plaintiff, and it made payment by entering into a sales contract with the Defendant Company including the vehicle sales contract, the entrusted management contract, and the cargo transport contract (hereinafter “instant contract”).

Since the Defendant Company did not provide a fixed job to the Plaintiff after the contract of this case, the Plaintiff’s delivery of a duplicate of the complaint of this case, purport of the claim, and an application form for change of cause, thereby cancelling the part of the cargo transport contract concerning the provision of a fixed job among the contracts of this case on the ground of deception, or cancelling

Therefore, the Defendant Company paid to the Plaintiff KRW 47,00,000, excluding the sales price of the vehicle purchased through the instant contract, and KRW 3,702,923 of the interest on the loan received from G with no reason to pay if the instant contract was not concluded.

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