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(영문) 서울중앙지방법원 2015.01.20 2012가합544983
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Defendant is a company that imports and sells Memerasz vehicles, and C is a person who was employed by the Defendant around November 24, 2003 and worked as D in the Daejeon War War by July 30, 2012.

B. C’s business method: (a) when a customer who intends to purchase a new vehicle requests a change in the sale of a used vehicle previously owned, the customer was delegated with the authority of the customer to sell a used vehicle; and (b) consulted on the terms of sale, such as a used vehicle trading and price, and then transferred the vehicle to the account designated by C; and (c) the customer was traded by receiving the remainder of the used vehicle sales after deducting the used vehicle sales amount from the used vehicle sales amount.

C. A criminal case C was sentenced to imprisonment with labor for three years as of June 10, 2014 by the Cheongju District Court No. 2013Ma979, Jun. 10, 2014, even though the victims had no intention or ability to deliver a new vehicle to the victims who want to purchase the new vehicle, and acquired a used vehicle from the victims for a new purchase price or for a new purchase price.

(Judgments of both parties appealed, but both appeals by Cheongju District Court 2014No624 decided January 15, 2015 were dismissed, and C appealed appealed on January 16, 2015). 【Ground for Recognition” (Grounds for Recognition), the witness C’s testimony, and the purport of the whole pleadings.

2. Determination as to Plaintiff A’s claim

A. (1) The facts of recognition (1) On the invitation of the firstman C in early 2012, Plaintiff A sold the vehicle A-D Q7 (hereinafter “the instant vehicle registration number”) and BMW 528 (hereinafter “instant BMW 528”) and the vehicle BM 528 (hereinafter “the instant vehicle registration number”) and agreed to purchase the vehicle BM 350 vehicles and BM E300 vehicles, and delegated C with the sales of the instant vehicle model Q7 and BM 528 and each of the said new vehicles.

(2) On behalf of the Plaintiff A, C around April 25, 2012, with respect to the Plaintiff Company F, the Plaintiff Company Q7 of this case 68 million won.

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