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(영문) 수원지방법원안양지원 2015.06.19 2013가단105364
손해배상(기)
Text

1. Defendant C’s KRW 25,532,184 to the Plaintiffs and 5% per annum from January 25, 2013 to October 2, 2013, respectively.

Reasons

1. Claim against Defendant C

A. The claim is the co-owner of the vehicle number E KS5 Habrid car (hereinafter “instant automobile”), and the Plaintiff A purchased the instant automobile, and the Plaintiff B entered into an agreement with the Aju Capital Co., Ltd. as a joint guarantor.

Although Defendant C had no intent or ability to accept the consignment sale of the instant vehicle, it was deceiving the Plaintiffs to entrust the sale of the instant vehicle to a third party designated by Defendant C, which was subject to transfer the name of the instant vehicle to the third party. However, Defendant C did not succeed to the remainder payment obligation for the instant vehicle, thereby resulting in the loss of the Plaintiffs’ ownership and the remainder payment obligation for the instant vehicle.

(b) Applicable provisions of Acts: Judgment by deemed confession (Article 208 (3) 2 of the Civil Procedure Act);

2. Claim against Defendant D

A. The plaintiffs' assertion that Defendant D operates the F Motor Vehicle Sales Company (hereinafter "F"), and the defendant D should be liable for the illegal acts of the defendant C, such as the one described in paragraph (1).

Even if Defendant C is not an employee of Defendant D, as long as Defendant D had Defendant C enter into an entrustment contract with the Plaintiffs using documents in the F office and in the name of F, Defendant C is liable to compensate for the damages incurred by the Plaintiff as a joint tortfeasor.

B. In full view of the purport of the entire pleadings in the statement in Gap evidence Nos. 1 through 9 (including the number of branch numbers), the plaintiffs purchased K5 E vehicle on August 29, 201 (hereinafter "the instant vehicle") and completed the registration of the transfer of the name of the motor vehicle with respect to the shares of 50%, and the plaintiff Gap purchased the instant vehicle at the time of purchase.

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