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All of the plaintiff's main office and the person participating in the independent party shall be dismissed.
2. The costs of lawsuit are due to the principal lawsuit.
Reasons
1. The plaintiff and the intervenor's assertion
A. The Plaintiff asserted (1) from January 2017, the Plaintiff: (a) registered as the Defendant’s sales employee of the Defendant’s used cars, and (b) agreed to deduct parking fees, taxes, fees, etc. from the Defendant and settle the remainder to the Plaintiff when the Plaintiff arranged used cars in the name of the Defendant.
(2) At the time, the Plaintiff used the first bank account in the name of the Intervenor, following the process of individual rehabilitation, and the Defendant deposited the amount of money paid in accordance with the above agreement into the first bank account in the name of the Intervenor, but the Intervenor and the Plaintiff did not perform their respective duties.
(3) Since the Defendant did not pay 58,341,790 won a fixed amount for used cars purchased at the Plaintiff’s expense pursuant to the above agreement, the Defendant is obligated to pay the Plaintiff the above settlement amount of 58,341,790 won and delayed damages.
B. The Intervenor’s assertion (1) and the Intervenor agreed on September 19, 2017 to purchase and operate the brokerage business by borrowing the Plaintiff’s KRW 50 million from September 19, 2017, the father of the Defendant’s representative director D, and KRW 50 million from October 24 of the same year.
(2) The Intervenor entered into an agreement with the Plaintiff to divide one-half of each of the fixed amount of money paid and the vehicles purchased from the Defendant into the Japanese bank account in the name of the Intervenor by mediating the sale and purchase of used cars by registering as the Defendant’s employee as the Defendant’s employee.
(3) The participant remitted 21.5 million won out of the sales proceeds of the used cars purchased from E to D as the repayment of the borrowed money. However, in the loan lawsuit brought by E against the intervenor, the remittance for the above D was not recognized as the repayment. Thus, the defendant purchased by the plaintiff and the intervenor and transferred 71 million won to the intervenor and the half of the purchase price of used cars registered under the name of the defendant and transferred 35.5 million won in total.