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1. As to KRW 5,126,550 among the Plaintiff and KRW 4,411,550 among them, Defendant C shall be KRW 715,00,00 from October 30, 2018.
Reasons
1. Basic facts
A. The Defendants are married couple, and the Defendant C, as the branch owner of D Trucks (hereinafter “instant vehicle”), concluded an entrustment contract with E Co., Ltd. (hereinafter “E”) and the husband, and run the truck transport business with the Defendant B.
B. On July 19, 2018, the Plaintiff purchased the instant vehicle from Defendant C at KRW 25,00,000,000 in total, and KRW 28,00,000 in total, for a registration license plate of KRW 28,00,000.
(hereinafter “instant sales contract.” On the other hand, the purport of the instant sales contract, stating the following: “The buyer may be held liable to the seller if any cause, such as breakdown or defect, arises within three months after acquiring the instant vehicle;” and the purport of paragraph (4) of the instant sales contract, stating that “the buyer shall transfer or acquire the instant vehicle to an E corporation beyond the scope of the E corporation.”
C. The Plaintiff paid KRW 53,00,000 to the Defendants by September 3, 2018.
[Ground of recognition] Facts without dispute, entry of Gap 1 to 5 evidence, purport of the whole pleadings
2. Assertion and determination
A. The part concerning the defraudation of the Plaintiff’s purchase price in the number plate 1) The Plaintiff’s summary of the claim can not be traded, and the Plaintiff’s husband and wife conspired with the Plaintiff to the effect that he would deliver the number plate price that was completed at the time of the instant purchase and sale contract to E even though he did not collect the number plate price separately from the Plaintiff, and acquired the money by deceiving the Plaintiff to the effect that he would deliver it to E. Therefore, the Defendants jointly have the duty to compensate the Plaintiff for the amount of KRW 28,00,000 and the damages for delay thereof. 2) The Defendants jointly have the duty to compensate the Plaintiff for the following circumstances, namely, the registration number plate of a truck is merely a sign attached and sealed to the relevant automobile, and thus, the Plaintiff is entitled to use the registration number plate or the registration number plate.