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Reasons
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(영문) 전주지방법원군산지원 2016.06.30 2015가단50489
매매대금반환
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1. The defendant shall pay to the plaintiff KRW 56,300,000 and KRW 4,000 from June 8, 2013 to KRW 52,30,000.

Reasons

1. The background leading to the instant lawsuit;

A. A motor vehicle listed in the separate sheet (hereinafter “instant motor vehicle”) is a motor vehicle sold by an insurance company on July 9, 2012 due to the occurrence of a pre-paid accident.

Since July 2012, IM, a company that has established automobile sales business, etc. for its business purpose, purchased the vehicles listed in the attached list from 36,200,000 won in the middle of 200.

B. On July 27, 2012, the Defendant, a used car with D’s used cars, was introduced by the LIG insurance company to sell the instant automobile as a pre-paid vehicle by the LIG insurance company, and purchased the instant automobile in KRW 37,500,000 from IM.

TM received a remittance of KRW 37,500,000 for the purchase price, and remitted KRW 36,200,000 for the same day to the account in the name of E designated by C.

The Defendant acquired the instant motor vehicle, confirmed the accident scene, and registered and sold the instant motor vehicle on the Internet website through a certain repair.

However, the registration of the transfer of the ownership of a motor vehicle has not been received from EM.

The instant automobile was kept in the Defendant’s parking lot (D) in the Suwon city.

C. On June 8, 2013, the Plaintiff entered into a sales contract (hereinafter “instant sales contract”) with Drums affiliated with the used cars trading business place (representative G) registered in the name of TM, with the purchase price of KRW 56,30,000, and the down payment of KRW 4,000,000, on the date of the contract, and the remainder of KRW 52,300,000,000, on June 14, 2013, the Plaintiff concluded the sales contract (hereinafter “instant sales contract”).

H was aware of the fact that the instant motor vehicle had the capacity to cause a total loss from the Defendant, but did not notify the Plaintiff at the time of the instant sales contract.

The Plaintiff entered into a contract.

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