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(영문) 대전지방법원 2019.06.20 2018나5001
부당이득금
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

Plaintiff

The summary of the argument is that the Defendants: “The vehicle price of the vehicle of 11,500 km 115,332 km 130 km 130 km 11,500 km 11,500 km 100,000 is transferred to the Defendants instead of KRW 5,500,000 on the part of the Plaintiff (hereinafter “instant vehicle”); and (a) after five months, the Defendants would settle the loans of this case with the instant vehicle with a loan of KRW 6,500,000.” The Defendants received KRW 4,500,000 from the Plaintiff and transferred the instant vehicle to the Plaintiff.

However, the Defendants did not resolve the above loans. In order to sell 11,500,000 won which is significantly higher than the market price of the instant vehicle, the Defendants, by deceiving the Plaintiff as if they would resolve the money to be loaned as collateral for the instant vehicle, and by deceiving the Plaintiff from the Plaintiff (i.e., the market price of 4,500,000 won which the Plaintiff received from the Plaintiff and paid to the Defendant). The Defendants jointly and severally are liable to pay the Plaintiff the above money 10,50,000,000 won and damages for delay.

Judgment

The Plaintiff received KRW 6,00,000 from the Plaintiff on the premise that the price of the instant vehicle is KRW 11,50,000,000, instead of KRW 5,500,000, from the Plaintiff, the Defendants paid KRW 6,00,000 for the instant vehicle and the instant vehicle offered as security, and even based on the Plaintiff’s assertion itself, it is difficult to deem that the Defendants expressed to the Plaintiff that they would resolve the loan amounting to KRW 6

(1) In the event that the Defendants, as alleged by the Plaintiff, deceptioned that they would resolve loans of KRW 6,000,000, the value of the instant vehicle should have been presumed to be KRW 5,500,000 from the beginning of the year. The evidence presented by the Plaintiff alone is insufficient to recognize that the Defendants had deceiving the Plaintiff in any way.

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