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1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) on February 9, 2018 with respect to a motor vehicle indicated in the separate sheet from the Plaintiff-Counterclaim Defendant.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. The Plaintiff is a person engaged in the automobile sales business with the trade name of “E” in Daegu Dong-gu, Daegu-gu, and the Defendant was the owner of the automobile indicated in the separate sheet (hereinafter “instant vehicle”).
B. If a person of “J” (hereinafter referred to as “J”) wishes to sell a vehicle from the I performing the same work, H, who is a seller of a used vehicle belonging to “G”, in the FF Motor Vehicle Trading Complex, had contact with the J, and the J introduced himself as a staff member of the claim team of the IF.
C. Around August 2017, the Defendant: (a) registered the instant vehicle in K, “K,” which is an Internet trading site; (b) and (c) stated that “If the price of the instant vehicle is KRW 33,00,000,000, which was originally 48,000,000,000, which was 333,000,000,000,000, which was ever upon the occurrence of the contract, is again put back to the company account of Korea, the Defendant would finally re-be said KRW 48,00,000,000,000.” (d) The Defendant accepted such proposal by the J.
H received a question on September 17, 2017 about how much he/she would purchase the instant vehicle from the J, and asked L and M, who is the part of the Plaintiff, to purchase the instant vehicle, and then transferred it to the J, after hearing the answer about the amount of KRW 35 million to KRW 36 million to KRW 36 million. The J decided that “the purchase price shall be KRW 33 million, and the remainder shall be the fee to himself/herself.”
E. H, L, and M (hereinafter “H, etc.”) delegated by the Plaintiff set the Defendant’s place of business until September 18, 2017, to leave the Defendant’s place of business until September 18, 2017, and the J confirmed the vehicle and entered into the contract upon entering into the contract.
F. On September 18, 2017, H et al. introduced that the Defendant was only the JJ on September 18, 2017. As to the instant vehicle, H et al. determined the seller, the purchaser, the Plaintiff, and the purchase price of KRW 33 million.