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(영문) 수원지방법원 2016.11.16 2015가단146725
매매대금반환
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Evidence 【Evidence】1 to A4, A5, A6, A10, A1-1, B-2, witness C’s testimony and the purport of the whole pleadings;

A. On December 16, 2014, the Plaintiff and the Defendant become aware of the number of employees E of the warning company in the middle and high-ranking B, which became known to the Plaintiff.

E had sought “AUDI A6 2.0 TDR,” which the Plaintiff had sought, and solicited the Daegu to have a vehicle, and in Daegu, the Plaintiff was running a motor vehicle under the vehicle number F at the time of the vehicle number F at the time of the vehicle number F; hereinafter “instant motor vehicle”).

(2) On December 3, 2014, C issued to the Plaintiff and E a certificate of the performance and condition of used cars (A10; hereinafter “instant performance register”) prepared by G companies on December 3, 2014. On the instant performance register, C indicated that “W” is indicated as “W” on the part of the between the latter and the between the latter (which means the latter) joints, and the outer upper part of the printing, the receipt sheet, and the exchange column are indicated as “Tweld” in the “Tweldboard”, and the opinion of the special engineer and inspector is indicated as “a simple sheet and the inspection column are not marked.”

(3) On December 25, 2014, the Plaintiff concluded a motor vehicle sales contract with the Defendant, a title holder of the instant motor vehicle, to purchase the instant motor vehicle by setting the purchase price of KRW 45.1 million from the Defendant, who is a title holder of the instant motor vehicle, to purchase the instant motor vehicle (hereinafter “instant sales contract”).

B. The Plaintiff paid KRW 45,100,000 to E on the day of the contract, and completed the registration of transfer in its name on December 31, 2014.

C. The Plaintiff sought a plan to obtain a vehicle security loan from the Hand Capital, and Hyundai Capital notified that the instant vehicle is the entire car, thereby making it impossible to borrow the loan.

The plaintiff listened to the reasons why it is difficult to lend modern capitals, and was searched at www.carcar White.or.kr, which is an automobile history site.

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