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1. The plaintiff's claim is dismissed.
2. Litigation costs shall be borne by the plaintiff.
Reasons
1. The plaintiff's assertion
A. Although the Plaintiff filed a claim for the purchase price, on November 28, 2013, sold A automobile (hereinafter “instant automobile”) to the Defendant for KRW 32,50,000, the Defendant did not pay the above purchase price. As such, the Defendant is obligated to pay 5% per annum from November 28, 2013 to the delivery date of a copy of the complaint in this case from the following day to the delivery date of a copy of the complaint in this case, and 15% per annum from the next day to the full payment date.
B. The Defendant, in collusion with Company B and C, transferred the ownership of the instant vehicle in amounting to KRW 32,500,000, thereby causing damages equivalent to the said vehicle value to the Plaintiff. Thus, the Defendant shall compensate the Plaintiff for the said damages.
2. Determination
A. As to the instant automobile as evidence consistent with the Plaintiff’s assertion on this part, the transferor, the transferee, the Defendant, and the sales price of the Plaintiff were 32,50,000 won (Evidence A 3). However, the buyer of the instant automobile was the witness B, and the witness B was necessary to terminate the existing insurance contract in the Plaintiff’s name after the Plaintiff was paid the sales price, and the above witness sent a certificate of automobile transfer to the Plaintiff upon the Defendant’s request by the above witness, and the documents sent to the Plaintiff upon the above witness’s request by the Defendant’s presence of the above witness, and the documents sent to the Plaintiff are the above certificate of automobile transfer, and the automobile sales contract was not concluded between the Plaintiff and the Defendant. In full view of the testimony of the witness B and the fact inquiry about the Seoul Jung-gu Office of Seoul and the purport of the entire pleadings, the instant automobile was leased in the Plaintiff’s name, but was delivered to B around November 28, 2013, and the transfer of ownership was sold to D on March 3, 2015.