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(영문) 대구지방법원 2015.12.03 2015나3530
매매대금반환
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of recognition;

A. On August 2012, the Plaintiff: (a) decided to purchase at KRW 115,00,000 for one truck owned by a new company for industrial development (hereinafter “new industry development”); and (b) transferred KRW 40,000,000 as the purchase price, including KRW 10,000,000 on August 30, 2012, and KRW 30,000,000 on September 20, 2012, as the purchase price, to the Defendant’s account.

Around that time, the Defendant returned the transferred money to a new industrial development account in the name of the new industry development.

B. On August 27, 2012, the new industrial development and the Defendant: (a) the seller was “new industrial development”; (b) the buyer was the “Defendant”; and (c) the buyer was the “Defendant”; and (d) the “automobile sales contract” as to the three truck units including the instant truck with the following terms; (b) on the same day, the Defendant prepared a “motor vehicle operation agency contract” in which the Defendant transports wastes subject to the management of new industrial development using the three truck units of new industry development between the new industry development and the new industry development as D representative, to the place designated by the new industry development.

Article 2 of the 【Indication of Motor Vehicle to be Traded” of the 2009 F Trawl 200 G Trawl 201 of the 201 of the 201st trawl trawl 201 of the trawl trawl 201 of the trawl trawl 201 of the trawl lrawl 201 of the trawl lrawl lrawl 10,000 56,684,000 for the remainder of the 66,684,564,234,234,12F 12F 10,000,0038,0893,503,234,000,002,02,034,239,239,203,20,39,209, etc. of the 319,209

2. Subject to the condition that the remaining installments shall be paid on the designated date in lieu of the development of a new industry, the time when the sales contract was concluded and the remaining installments have been completed shall be deemed the date of transfer of ownership.

(3) The name in the register of automobiles shall be a new industrial development.

(4) The remainder payment date shall be until September 30, 2012.

C. The Plaintiff is a new industrial development from October 4, 2012 to November 2, 2012.

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