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(영문) 전주지방법원 군산지원 2017.03.14 2015가단54450
기타(금전)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

Basic Facts

Defendant B owned 25 tons of truck as D (the automobile number was changed to E on December 12, 2014; hereinafter “instant truck”).

Defendant B attempted to sell the instant truck to purchase a new truck.

In order to sell a new truck to Defendant B, Defendant C, an employee of F branch office of Hyundai Motor Company, proposed to sell the instant truck instead of the instant truck, and requested Nonparty G, who was aware of it at ordinary times, to sell the instant truck.

On December 9, 2014, the Plaintiff concluded a contract to purchase the instant truck from G in KRW 72,000 (hereinafter “instant contract”) and deposited down payment of KRW 37,000,000 with the account under the name of H designated by G on the same day.

G paid KRW 35 million to Defendant C on the same day.

The Plaintiff was delivered the instant truck from G on the same day.

After that, the Plaintiff expressed to G the opportunity to purchase a truck on a better condition, that the Plaintiff would want to purchase another truck, other than the instant truck, and G would return the instant truck to the Plaintiff and purchase another truck.

On December 12, 2014, the Plaintiff returned the instant truck to the place designated by G (the office of the former truck dealer, a limited liability company, located in 191, Samwon-gun, Samwon-gun, Samwon-gun, Sejong-do).

With respect to the instant truck, on December 12, 2014, the transfer of ownership was registered under the name of the former truck dealer of a limited liability company (hereinafter “non-party company”).

[Ground of recognition] A without dispute, Gap evidence Nos. 1, 2, 3, and Gap evidence Nos. 4-1, each entry in the military trial vehicle registration office of this court, fact-finding results on the Nonghyup Bank, witness G's testimony, and the purport of the entire pleading as to the claim against defendant B, the main point of the plaintiff's argument is that the defendant B, the owner of the instant truck, sells the instant truck.

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