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(영문) 인천지방법원 2016.12.07 2015가단249474
매매대금반환
Text

1. The Defendant shall pay to the Plaintiff KRW 33,00,000 and the interest rate of KRW 15% per annum from March 2, 2016 to the date of complete payment.

Reasons

1. Basic facts

A. The Nonparty’s Defendant was the owner of the automobile C (BMW 520d) and registered the said automobile as a substitute on the Internet medium-sized commercial site around December 2015.

On the 14th of the same month, a person without name (hereinafter referred to as the "person without name") contacted the Defendant with whom he wishes to purchase the said vehicle as follows:

The Nonparty stated that “I wish to report the actual object of a motor vehicle, but we do not have to do so directly due to an urgent cause. I wish to process work only as we look at. I wish to send a kind of friendly club fee. If you confirm that money enters the current account, I will transfer the contract and the motor vehicle.”

Accordingly, the defendant informed the non-party of the defendant account number, etc. necessary for receiving the price.

In addition, the defendant was issued a certificate of personal seal impression for sale stating the identity of the above automobile purchaser (A2).

B. On the one hand, the Plaintiff was a person engaged in the secondhand trading business, who was introduced as a substitute for the said vehicle from a private individual D on the same day.

(D) Around that time, the Plaintiff agreed with D about the sales price of the said vehicle at KRW 33 million, with the following account explanation, etc.

The plaintiff had his employee E act with D, and had the defendant who is the owner, check the status of the above automobile and finally determine the purchase.

E, together with D, inspected the condition of the above vehicle under the defendant's guidance by comparing it with the defendant at the parking place of the above vehicle.

The defendant sent the registration certificate (No. 1) and the automobile photograph (No. 3) to E, along with a certificate of personal seal impression for sale, to Kakao.

E which has completed the inspection is conclusive purchase to D.

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