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(영문) 전주지방법원 2017.09.12 2016가단10386
손해배상(기)
Text

1. The Plaintiff, Defendant B, C, D, and E jointly share KRW 102,20,00,000, Defendant F jointly with the said Defendants, and 78.

Reasons

1. Facts of recognition;

A. Defendant F, C, D, and E borrowed from a siren company as if they would normally use high-class external vehicles with a short-class mileage and mileage, and disposed of it as a used vehicle, and offered in sequence to acquire pecuniary benefits equivalent to the purchase price. Defendant E and F lent a vehicle from a siren company to Defendant C and D, and Defendant C and D sold the said rental car to Defendant B engaged in the sales business of high-class vehicles.

B. Defendant B sold five vehicles listed in the following table (hereinafter collectively referred to as “each of the instant vehicles”) to the Plaintiff from September 2014 to October, 201, among the vehicles acquired by Defendant F, C, D, and E from a siren company (the Defendant F participated only in the defraudation of 1,4, and 5 of the following vehicles), and the Plaintiff paid the purchase price as follows.

1 Ecuas H 1. 48,00,000 won 2 K7. 9,000,000 won on September 25, 2014, 2014 and 3 BMW J 3 BMW 3,500,000 won on September 26, 2014, 6. 7,7,700,000 won on October 6, 2014, 200 LW 5 BE C200 L on October 7, 2014

C. Defendant B, at the time of selling each of the instant vehicles to the Plaintiff, was an employee of M, a used car brokerage broker, and Defendant G was the representative of the said company. Defendant B, at the time of selling each of the instant vehicles, issued to the Plaintiff a sales contract with the said company’s business registration certificate and the said company’s seal attached to the said company Nos. 1 and 3.

As above, the Plaintiff paid KRW 124,200,000 in total to Defendant B with the purchase price of each of the instant vehicles, and received KRW 22,00,000 from Defendant B around October 2015.

[Ground of Recognition] Facts without dispute, Gap's 1, 3 through 9, and 12 (including each number in the case of additional numbers) and the purport of the whole pleadings

2. Determination as to each claim against Defendant B, F, C, D, and E

A. The details of the claim for damages caused by the indication of the claim and the joint tort are as shown in the attached Form.

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