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1. Defendant B’s delivery of vehicles listed in the separate sheet from the Plaintiff at the same time, and at the same time, KRW 51,00,000 to the Plaintiff.
Reasons
1. Facts of recognition;
A. On May 25, 2013, the Plaintiff was placed as the introduction of Defendant C and D, who engages in the secondhand sales business: Provided, That the certificate of automobile transfer (Evidence A 1) prepared at the time of the vehicle sale, only the Defendant C is designated as the agent of the Defendant B, the transferor.
The sales contract (hereinafter “instant vehicle”) to purchase KRW 51 million on the attached list owned by Defendant B (hereinafter “instant vehicle”) was concluded, and paid KRW 51 million on the same day, and the instant vehicle was delivered to the Plaintiff on the 27th day of the same month, and registered in the name of the Plaintiff on the 27th day of the same month. (B) At the time of purchase of the instant vehicle, the Plaintiff is merely an indication of D’s letter exchange on the performance inspection register due to the collision that occurred after the speed limit limit is the vehicle.
“The present vehicle was purchased with the knowledge of the accident-free vehicle after hearing the explanation.”
However, around March 2015, the insured event history to sell the instant vehicle again to a third party was found to have occurred on or around December 25, 2012, and the Defendant C and D asserted that the instant vehicle was owned by a non-accidentd vehicle and sold the instant vehicle to the Plaintiff, and filed a complaint against the said Defendants on suspicion of fraud.
C. In criminal proceedings conducted upon the Plaintiff’s complaint, Defendant C and D declared that the accident of the instant vehicle was a vehicle without fault on the part of the Plaintiff even though they knew of the accident of the instant vehicle, and were indicted as the charge that they acquired KRW 51 million from the Plaintiff as a sales slip and acquired it by fraud, and was sentenced to a judgment of conviction of two years of suspended sentence on November 26, 2015, by recognizing that the crime was committed.
(In Incheon District Court Decision 2015No. 2346). As to this, the Defendants appealed against mistake of facts and unreasonable sentencing, and the appellate court erred by mistake of facts against the said Defendants.