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(영문) 서울남부지방법원 2017.11.30 2016가단32807
자동차매매대금 등 반환
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 31,045,00 and 15% per annum from August 25, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff and Defendant B were engaged in a middle and high-speed with the company D, which is a second and second selling company, and Defendant C is the mother of Defendant B.

B. On November 28, 2014, the Plaintiff sold Eenz C200 vehicles (hereinafter “instant vehicle”) to the Defendants at KRW 28,755,00,00, and leased KRW 2,290,000 as necessary for the transfer of the instant vehicle.

C. As to the instant vehicle, on November 28, 2014, the registration of ownership transfer with 1% of the shares in Defendant B and 99% of the shares in Defendant C was completed.

[Ground of Recognition: Facts without dispute, entry in Gap evidence 1 through 4 (including branch numbers), witness F, and G's testimony, the results of the plaintiff's principal examination, the purport of the whole pleadings]

2. Determination

A. According to the facts acknowledged in Paragraph 1. of the judgment on the cause of the claim, the Defendants are jointly and severally liable to pay KRW 31,045,00 to the Plaintiff.

B. The Defendants’ assertion 1) The Plaintiff’s vehicle HWz S350L against the Defendant (hereinafter “foreign vehicle”)

(A) The following facts are acknowledged in full view of the following facts: (a) the ownership of the instant vehicle is transferred or the non-party vehicle is obligated to pay KRW 28 million from the I company as security; (b) the ownership of the instant vehicle was transferred to the Defendants instead of the said obligation; and (c) the Defendants asserted that there is no obligation to pay the purchase price of the instant vehicle to the Plaintiff; (a) the entries in the evidence Nos. 1, 2, and 4; (b) the witness F and G testimony; and (c) the Plaintiff’s personal questioning result

The Defendants, around October 2014, purchased the non-party vehicle in KRW 26.8 million and received a loan of KRW 28 million from the Defendant Company in the name of Defendant C as collateral for the purchase of the non-party vehicle in KRW 26.8 million, and the above loan was deposited from the I Company to the Plaintiff’s account.

The Plaintiff shall transfer 28 million won out of 28 million won to the J’s account and shall transfer the remaining KRW 1.2 million to the J’s account.

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