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(영문) 광주지방법원 2018.07.27 2018가합50432
손해배상(기)
Text

1. Defendant B shall pay to the Plaintiff KRW 16,200,000 and the interest rate of KRW 15% per annum from February 17, 2017 to the date of full payment.

Reasons

1. Basic facts

A. The parties’ status 1) Defendant C is a financial company dealing with a medium-sized installment loan, etc., Defendant C is a company that concludes an agreement with Defendant CFF Capital to entrust the business with Defendant CF Capital, and Defendant D is an employee of Defendant CF Capital branch. Defendant C is a company that is affiliated with EF Capital branch (hereinafter “EF”) and is a company that is engaged in a medium-sized installment loan business.

B. Around October 2014, Defendant B knew that Defendant B, the Plaintiff’s external third village, intends to purchase the 1t cargo vehicle, and that Defendant B purchased the 1t cargo vehicle with the loan from the capital company using E and acquired it, but attempted to purchase the 1t cargo vehicle with the intention to purchase the 1t cargo vehicle with the change of mind to wait for the delivery of the 1t cargo vehicle. On the other hand, Defendant B purchased the 1st cargo vehicle with the intention to purchase the 1st cargo vehicle with the intention to purchase the 1st cargo vehicle with the intention to wait for the delivery of the 1st cargo vehicle with the intention to sell the vehicle with the intention to purchase it with the 1t cargo vehicle with the intention to purchase it with the Plaintiff. (2) If the Plaintiff received the loan under the name of the Plaintiff, the Plaintiff asked the Plaintiff to pay the loan monthly.

In addition, Defendant B requested Defendant C to purchase an Oral Jinsy vehicle.

C. (1) On October 30, 2014, the Plaintiff entered into a loan agreement on used cars, etc. (i.e., the Plaintiff’s order for the loan of used cars) between Defendant B, D, and C, and Defendant D, through Defendant D, and the Plaintiff’s order for the loan of used cars (hereinafter “instant order”).

3) The agreement on the loan of KRW 16,200,000 for purchase (hereinafter “instant loan agreement”)

(2) The Defendant C entered into a sales contract on the instant used vehicle with the Embrid, and Defendant C entered into a sales contract on the instant used vehicle. (2) The instant used the name of the Defendant Embrid on the same day.

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