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1. The Defendant shall pay to the Plaintiff KRW 65,50,000 and the interest rate of KRW 15% per annum from November 3, 2015 to the date of complete payment.
Reasons
1. Basic facts
A. The Plaintiff is a general business operator who is engaged in the business of arranging and arranging loans to the buyers of used cars under a partnership agreement with the installment financing company.
B. The Plaintiff was introduced D, the actual operator of the Defendant through a used car drum C, etc., and the Defendant concluded a mid-term loan agreement with Hyundai Social Co., Ltd. and E Truck and F Truck (hereinafter “instant loan agreement”) by the Plaintiff’s recommendation.
C. After the conclusion of the instant loan contract, on April 27, 2015, the Plaintiff transferred loans of KRW 79,965,00 (a agreed loan of KRW 80,000,000 - KRW 35,000) and loans of KRW 59,965,000 (a agreed loan of KRW 60,000,000 - KRW 35,000) to the Defendant on the same day.
At the time of concluding the instant loan contract, the Defendant was aware of the fact that it concluded a sales contract with G as to each of the above trucks, but, after receiving the above money from the Plaintiff, the Defendant was deceptioned from C to mediate the sale and purchase of each of the above trucks without remitting it to G, and acquired it by deceiving C.
(hereinafter “instant accident”) e.
As a broker due to the instant accident, the Plaintiff’s credit rating and the debtor under the instant loan contract are likely to cause a problem in the Defendant’s credit rating, and the Plaintiff remitted F Truck sales amount to G KRW 65,550,000.
(E) On May 2, 2015, G transferred KRW 10,000,00 to G on July 10, 2015, KRW 17,050,000, and KRW 38,50,000 to G on July 10, 2015, respectively. Accordingly, on July 10, 2015, the name of the owner of the F Truck was transferred from G to the Defendant, and the mortgage was established in the name of Hyundai Mack Social Co., Ltd.
[Ground of recognition] Unsatisfy, Gap evidence 1-3, 4, 5, Gap evidence 2-1, 2, Gap evidence 3, and Eul evidence 1, 2.