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(영문) 수원지방법원 2017.07.21 2016나66797
매매대금반환 등
Text

1. Of the judgment of the first instance court, the part against the Defendant (Counterclaim Plaintiff) is modified as follows.

The Defendant-Counterclaim Plaintiff (Counterclaim).

Reasons

1. Basic facts

A. On April 29, 2014, the Plaintiff introduced a motor vehicle indicated in the separate sheet (hereinafter “instant motor vehicle”) from D, which is engaged in the introduction and intermediation of imported and intermediate vehicles, and entered into a sales contract for the motor vehicle with the Defendant and the instant motor vehicle with the terms that the Plaintiff would purchase the instant motor vehicle as KRW 19.5 million (hereinafter “instant sales contract”).

B. Meanwhile, in March 2014, E, who had been mediating the sale and purchase of an imported secondhand vehicle while serving as the Defendant’s employee, purchased at KRW 9.5 million in the name of the Defendant through a horse auction business entity through the light auction. E, around April 2014, stored the instant automobile in the maintenance business entity operated by C, which was operated by the Defendant as the Defendant’s employee, for the inspection and repair of engine engines and sales mediation, etc., and C came to the sales contract of this case by notifying CD that the instant automobile was sold.

C. On April 29, 2014, C deposited KRW 19.5 million from the Plaintiff to the bank account in the name of his father G, deducted KRW 8.55 million from E’s credit payment, and deposited KRW 18.65 million to E. The instant vehicle was driven from D’s permission to his Bupyeong, and delivered the instant vehicle to the Plaintiff.

At the time of the delivery of the instant vehicle, the Plaintiff was required to repair or refund the instant vehicle to D, and the Plaintiff entered the engine from two to three days after the date of the delivery of the instant vehicle, and the sudden engine was removed from the engine and the pressure warning, etc.

E. D requested repair of the instant automobile engine to C on May 10, 2014, and rejected it on the ground that C had no time, and D attempted to purchase necessary parts, such as direct metric tons, through the C’s disassembly, diagnosis, and instruction, and failed to repair the engine.

F. The Plaintiff is unable to operate the instant motor vehicle to the Defendant.

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