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(영문) 인천지방법원 2020.05.26 2018가단262522
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The plaintiffs allegedly delegated dump truck purchase affairs to the defendant while they discovered the method of purchasing it to operate dump truck, and the defendant found it about the difference at home, while explaining that "a vehicle is accepted which can be operated under stress due to a breakdown for a considerable period of time," and demanding the plaintiff A to purchase dump truck with the purchase price of KRW 67,00,000 and KRW 74,00,000 to the plaintiff B, and the plaintiffs paid the above purchase price of dump truck to the defendant.

Accordingly, after completing the registration of transfer of ownership of dump trucks, the Plaintiffs registered a place of use or a lending company to D companies operated by the Defendant (hereinafter “D”), and arranged them in D. Since it has not been enough to operate the said vehicles, a large and small trouble occurred continuously, and even when considering the operating number plate costs, the announced tax of dump trucks is merely the amount of KRW 30,000 or KRW 40,000,000, and thus, the purchase price that the Plaintiffs paid by the Plaintiffs is deemed not to have been fully used as vehicle costs.

In other words, while entrusting the Defendant with the purchase of dump trucks, the Plaintiffs paid the purchase price, which is the cost of acquiring the dump trucks, and the use of the dump trucks is specified and entrusted money.

However, in the case of Plaintiff A dump truck, the number plate for business was secured separately from the vehicle, but Plaintiff B's dump truck was a vehicle with a plate for business purpose attached at the beginning, and the Defendant also used part of the money deposited by Plaintiff B for the purpose irrelevant to Plaintiff B's purchase of dump truck.

Accordingly, the defendant is obligated to return the remainder of money actually paid by the plaintiffs pursuant to Article 685 of the Civil Code, excluding money used as dump truck sales price and sales number plate costs.

2. Determination:

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