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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. The Plaintiff’s 1) On May 17, 2017, the Plaintiff Company B (hereinafter “Defendant Company”).
(i) the 11 ton vehicle (TRAGO) vehicle (automobile registration number E, hereinafter “instant vehicle”);
) The contract to purchase the automobile management rights of KRW 90,000,000 (hereinafter “instant sales contract”).
(2) On May 18, 2017, the Plaintiff paid KRW 50 million to Defendant C, the representative of the Defendant Company, and paid KRW 37,000,00 to Defendant D, the actual operator of the Defendant Company, the remainder of KRW 37,00,000 on May 26, 2017, and was transferred on May 26, 2017 under the name of F Company, the Plaintiff affiliated with the Plaintiff.
B. The Plaintiff’s criminal complaint with Defendant C and D 1) The Plaintiff conspireds with Defendant C and D on the false statement that “if the Plaintiff purchases the instant vehicle in KRW 90,00,000,00, the Plaintiff may transport G freight with the relevant vehicle, guarantee the monthly income of KRW 6,000,000, and the oil value, and the expressway tolls will be borne by the logistics company.” However, the fact did not have the intent or ability to arrange the Plaintiff to carry on the freight transport business under the aforementioned conditions. As such, the Plaintiff did not have the intent or capacity to arrange the Plaintiff to carry on the freight transport business under the above condition, the remainder of KRW 70,00,000,000, excluding the vehicle price of KRW 20,000,000, from the above purchase price of KRW 90,000,000, excluding the vehicle price of KRW 20,000,000, Defendant C and D received and took property benefits (hereinafter “instant criminal complaint”).
(2) As a result of the investigation of the above criminal case, ① Defendant C and D paid KRW 60,750,000, out of the instant purchase price, to the vehicle dealer as the vehicle sale price, and approximately KRW 10,000,000, out of KRW 10,000,000, out of the instant purchase price.