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(영문) 서울고등법원 2015.09.11 2014나7720
매매대금 반환
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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The status of the party is that the Plaintiff is a person engaged in the import used cars sales business, and Hansung Motor Vehicle is a company importing and selling the 'benz' vehicle, and the Defendant is a person who was employed in Hansung Motor Vehicle on November 24, 2003 and worked as a vice head from Hansung Motor Vehicle C until July 30, 2012.

B. The Defendant’s business method: (a) when the customer who intends to purchase a new motor vehicle from a new motor vehicle requests the sale and purchase of the pre-owned used motor vehicle from the customer; (b) consulted with the Plaintiff and the seller of used motor vehicle including the Plaintiff on the terms of sale such as the price; and (c) transferred the used motor vehicle to the buyer of the used motor vehicle; and (d) the customer traded the vehicle in the way of receiving the remainder after deducting the price of the used motor vehicle from the buyer.

From springing in 2009, the Plaintiff traded used cars with Defendant and used cars in the above manner.

C. The Plaintiff transferred money to the Defendant to the account in the name of the Defendant or to the account in the name of Hansung Motor Vehicle designated by the Defendant as shown below [Attachment 1].

(B) The Plaintiff bank account of KRW 10,00,000 on April 13, 2012, 201; the Defendant bank account of KRW 10,00,000 on March 29, 2012; the Defendant bank account of KRW 10,00,00 on April 17, 2012; the Defendant bank account of KRW 10,80,000 on April 17, 2012; the Defendant bank account of KRW 33,40,00 on April 27, 2012; and the Defendant bank account of KRW 10,00 on May 10, 200, KRW 100 on May 10, 201, KRW 10 on May 10, 200, KRW 104 on May 10, 200 on the account; and Defendant bank account of KRW 10,50,500 on May 25, 2012

D. The defendant in a criminal case against the defendant was unable to deliver a new vehicle to the victims who want to purchase the new vehicle, and the defendant is a new vehicle purchase price or a new vehicle purchase price from the victims.

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