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(영문) 부산지방법원 2016.12.06 2015가단74240
계약금반환
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The plaintiff's assertion

A. On August 11, 2015, the Defendant introduced that the Plaintiff would be able to purchase an Arabic A7 vehicle at low cost by means of a telephone at the beginning of the first round of call, stating that the Plaintiff would be able to do so as to allow him/her to do so, and that on August 11, 2015, the Plaintiff would be able to purchase the vehicle price at KRW 82,000,000 on a discount of KRW 103,80,000.

B. On August 19, 2015, the Plaintiff: (a) decided to purchase an Afriendly A7 vehicle from the Defendant; and (b) transferred KRW 52,000,000 as the vehicle price to E’s account, which is the wife of D, as directed by the Defendant; (c) transferred KRW 52,00,000 as the vehicle price.

C. The Defendant, even though he was not a hurdr, did not deceiving hurdr and deliver hurdr, and the Plaintiff cancelled the vehicle sales contract with the Defendant, and filed a claim with the Defendant for the return of KRW 52,00,000 for the said vehicle price to its original state.

2. We examine the judgment, and even based on the evidence submitted by the Plaintiff, it is difficult to recognize the Defendant as a party to a vehicle sales contract.

(In other words, according to the evidence Nos. 5 and 6, the plaintiff filed a complaint against the defendant as a crime of fraud with respect to the instant case, but it is recognized that the decision not to prosecute the defendant was rendered). Therefore, the plaintiff's claim is without merit without need to further examine it.

3. The plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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