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(영문) 인천지방법원부천지원 2019.03.08 2018가단12287
손해배상(기)
Text

1. The Plaintiff:

A. The Defendants jointly share KRW 150,000 and each year from April 4, 2017 to March 8, 2019.

Reasons

1. Facts of recognition;

A. Defendant C and D, an employee of Defendant B, who had operated the “E” company, advertised at a remarkably low price a vehicle that they could not sell on the Internet used vehicle sales site. Around March 20, 2017, Defendant C and D advertised to sell other vehicles with a high profit to those who reported the advertisement, and accordingly, advertised to sell IMW-520 vehicles at 21,50,000 won at the Internet used vehicle sales site.

In lieu of the Plaintiff, the Plaintiff’s attached F, who sold the vehicle indicated in the order of the Plaintiff (hereinafter “instant vehicle”) on behalf of the Plaintiff and intended to purchase IMW 520 di vehicles, reported the above advertisement.

3. 21. 21. The above Defendants entered into a sales contract with the above Defendants on the IMW 520-di vehicles.

The above Defendants stated to F that “The foregoing vehicle has a collateral on an auction property. To purchase this vehicle, the said Defendants shall pay KRW 60,000,000 to the said vehicle, and shall pay KRW 18,000,000 for penalty in order to destroy the contract. Instead, the Defendants stated that EXE 3.0D vehicles shall not be disadvantaged if purchased KRW 25,00,000 for KRW 25,000.”

However, in fact, the sale price of the vehicle was KRW 17,400,000 and the F that was deceiving the said Defendants was the same year.

3. 21. On behalf of the Plaintiff, the Plaintiff purchased 23,300,000 won of the odometer, which was approximately 103,580km from H, and Defendant C paid KRW 25,00,000 of the above sales price and registration fee, KRW 20,000 of the sales commission and registration fee, KRW 30,000 of the sales brokerage fee, and KRW 25,00,000 of the management cost.

H The same year

3. 22. As to the above re-scheduled vehicles, the Plaintiff completed the registration of transfer of ownership.

C. around that time, the Plaintiff sold to Defendant B the instant vehicle in KRW 7,00,000, which was 148,700km owned by himself, and completed the registration of transfer of ownership on March 23, 2017.

【Ground of recognition】An absence of dispute, A 1,4.

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