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(영문) 서울고등법원 2018.11.07 2017나2053652
손해배상금
Text

1. The plaintiff's appeal and the conjunctive claim added by this court are all dismissed.

2. After an appeal is filed.

Reasons

1. Basic facts

A. From August 7, 2006, the Plaintiff engaged in the trading, intermediation, and registration agency business of used vehicles with the trade name “D”, and Defendant B was affiliated with D from October 2009 to December 2014 and performed the business of purchasing and selling used vehicles while performing his/her duty as a used vehicle with the heavy driving vehicle.

B. The Plaintiff and Defendant B agreed to sell again the vehicle after receiving the purchase price from the Plaintiff and then return the purchase price, etc. of the used vehicle from the sale price to the Plaintiff. The Plaintiff and Defendant B agreed to the remainder amount remaining as the income of Defendant B.

C. From October 2009 to October 201, Defendant B received the remainder of the amount calculated by deducting KRW 400,000,000 from KRW 10,000 to KRW 20,000,000 from KRW 30,000 from KRW 200,000 to KRW 400,000 from KRW 30,000,000. During that process, Defendant B did not separately settle the interest rate deducted in advance even if the vehicle purchased within three months was sold, and Defendant B returned the purchase price to the Plaintiff. ② From November 2011, the agreement was made between the parties calculated at the rate of KRW 1.5% each month from KRW 60,00 to KRW 450,00,00 from KRW 40,00,00,000 to KRW 400,000,00,000 from KRW 40,000,00.

Defendant B was able to purchase a used vehicle by borrowing either Defendant B’s surplus funds or money from a third party without receiving the purchase price of a used vehicle from the Plaintiff, and Defendant B entirely managed the purchase price and the sale price of a used vehicle through the national bank, SC Bank account, etc. established in the name of Defendant B.

E. Defendant B and the Plaintiff

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