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(영문) 수원지방법원 2019.05.01 2017나87531
부당이득금
Text

1. The judgment of the first instance court, including the Plaintiff’s claim extended by this court, is modified as follows.

Reasons

1. Basic facts

A. The Plaintiff is running a medium-sized vehicle trading business with the trade name of D, and the Defendants are running a business with the same trade name of E, while operating the automobile industry of E.

B. From December 2012 to May 2013, the Plaintiff entered into a sales contract with the Defendants on the condition that the Defendants repair the 10 used vehicles with respect to the 10 used vehicles as indicated in the following table and sell them to the Plaintiff.

On December 15, 2012, Nos. 30,50,000 No. 36,50,000,000 on November 28, 2012; 30,000, 30,000, 30,000, 30,000,000, 50,000, 30,000,000, 50,000, 20,000, 30,000,000, 20, 30,00,00,000,000, 20,000,000, 31,50,000,00,000,000,000,000, 30,50,500,000,000,000,000, 30,000,00

C. On May 20, 2013, the Plaintiff paid 16,200,000 won of the vehicle price in BMW 528 i (F; hereinafter “instant vehicle”) to the account in Defendant B’s name, and on June 10, 2013, paid 529,000 won of the purchase price of the instant vehicle to the Defendants, and the purchase price and the purchase price of the said 10 vehicle were all paid to the Defendants. After paying the purchase price of each vehicle, the ownership transfer registration was completed in D’s name with respect to the said 10 vehicle operated by the Plaintiff.

The Defendants, among the above 10 vehicles, delivered to the Plaintiff the said 10 vehicles, after completion of the repair of the said 9 vehicles except for the instant vehicles. However, the instant vehicles did not deliver to the Plaintiff.

The sum of the repair costs of the vehicles mentioned in paragraphs (1) through (9) of the above Table, which the Plaintiff completed repair from the Defendants, is KRW 22,00,000,00, and the Plaintiff is six times between December 11, 2012 and May 10, 2013, to the Defendants’ repair cost of KRW 22,00,000.

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