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. Facts of recognition;
A. On March 22, 2018, the Plaintiff entered into a contract to purchase (hereinafter “instant sales contract”) KRW 32 million from Defendant C (Defendant C) as an employee broker of Defendant C, the sales broker, and the used vehicles listed in the separate sheet (hereinafter “instant used vehicles”) from Defendant C (Defendant C).
B. At that time, the certificate of automobile transfer prepared between the Plaintiff and the Plaintiff, D and B, stating that “the sale amount: 32 million won, registration fees and agency fees: the sale amount: 30,000 won: 30,000 won: 330,000 won: 330,000 won.”
C. On March 22, 2018, the Plaintiff remitted KRW 36 million to the account under Defendant C’s name. Defendant C paid KRW 23 million as vehicle price and KRW 2.2 million as vehicle price, and paid KRW 3,955,840 as insurance premiums upon entering into an insurance contract for the instant high-ranking vehicle to the person in charge of F.
[Ground of recognition] Facts without dispute, entry of Gap 1, 2, 7, and 8 evidence, the purport of the whole pleadings
2. The plaintiff's assertion and judgment
A. The Plaintiff’s primary assertion: Defendant B is the actual seller of the instant second-hand vehicle; and the Plaintiff purchased the second-hand vehicle for the first time after graduating from the high school.
The Defendants, using the Plaintiff’s rash and experience, concluded a remarkably unfair contract by selling the vehicle of this case with a market price of 20 million won or less to 32 million won. As such, the instant sales contract is null and void.
Therefore, Defendant B, along with the receipt of the instant vehicle from the Plaintiff, is obligated to return to the Plaintiff the sum of KRW 32,300,000,000,000,000,000 for the said purchase price and sales brokerage fee, and the Defendants jointly and severally are liable to compensate for damages equivalent to KRW 1,336,360,00 paid when the Plaintiff
Shed Preliminary Claim: The sales price out of the instant sales contract was 2.0