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Reasons
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(영문) 창원지방법원거창지원 2016.06.21 2015가단10214
부당이득금
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On October 14, 2013, the Plaintiff entered into a contract for transferring or taking over the right to manage a motor vehicle with the content that the Plaintiff purchased the D-U.S. 24 metric tons truck (hereinafter “instant truck”) from a limited liability company C (hereinafter “C”) at KRW 89,00,000,000 for the purchase price.

(hereinafter “instant sales contract”). B.

On the other hand, on October 10, 2013, the Plaintiff borrowed KRW 80,000,000 from the Dug Capital Co., Ltd. (hereinafter “Dug Capital”) and completed the registration of mortgage creation with respect to the instant truck in the Dug Capital Capital on October 15, 2013, with respect to the claim value of KRW 64,00,000, and the obligor as the Plaintiff. At that time, the Plaintiff paid KRW 89,00,000 to C around that time.

C. Around May 6, 2015, the two capitals sold the instant truck with the consent of the Plaintiff and the Young Transportation, and then appropriated KRW 7,750,676 out of the purchase price of KRW 20,00,000,00 to the loan interest, etc. on the Plaintiff, respectively, KRW 12,249,324 to the loan principal.

[Ground of recognition] The facts without dispute, Gap evidence Nos. 1 through 4, 6, Eul evidence Nos. 3 and 5 (including each number), the result of each fact inquiry into the private market, military industry market, Silsan market, Silsan market, and Silsan Capital market, the purport of the whole pleadings

2. Although the Defendant, as an internal director of the Plaintiff’s assertion C, was well aware that it was impossible to deliver the instant vehicle, he concluded the instant sales contract by deceiving the Plaintiff, and received 89,000,000 won from the Plaintiff, thereby obtaining payment of the purchase price of the instant truck from the Plaintiff. As such, the Defendant is jointly and severally obligated to pay the Plaintiff damages amounting to KRW 76,750,676 (i.e., the purchase price of the instant truck 89,000,000 - the principal amount of the loan to the Plaintiff’s second Capital 12,249,324) and damages for delay.

3. We examine the judgment, the evidence presented by the Plaintiff alone, and the Defendant’s truck of this case.

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