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

A. On April 8, 2009, the Plaintiff purchased from D 207GT2, 407ST2.0HDI4, 6072.7HD1, total sales price of KRW 150 million, down payment of KRW 150 million on the date of the contract, and KRW 15 million on April 9, 2009 (hereinafter “instant sales contract”). The seller entered the automobile sales contract prepared at the time as “E representative director B” as the sales contract.

B. On April 8, 2009, the Plaintiff transferred KRW 15 million to the account (Account Number: F) of the Defendant C’s bank account in the name of the TNB rental car, and KRW 30 million, a part of the purchase price on April 10, 2009, to the Defendant C’s corporate bank account (Account Number: G) in the name of TNB rental car.

C. D was sentenced to imprisonment for three years and six months on October 23, 2009 with respect to each of the fraud cases of 2009 order 964, 166, and 1859, including the fact that D received the purchase price of food vehicles from H, I, and J and did not deliver a motor vehicle, and D appealed appealed, but the appeal was dismissed on January 8, 2010 at the appellate court of 2009No2384. < Amended by Act No. 9932, Oct. 23, 2009>

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 13, 14, 17, and 19, the purport of the whole pleadings

2. The parties' assertion

A. Plaintiff 1) The instant sales contract was concluded between Defendant D and Defendant C, who is the agent of Defendant B, and Defendant C is liable for contractual party or expression agent, and Defendant C, who was present at the time, is liable for damages arising from unjust enrichment return or negligence due to the cancellation or cancellation of the instant sales contract, inasmuch as the sales amount was received in the bank account in its name. Accordingly, the Defendants are jointly and severally liable to compensate the Plaintiff for the amount of KRW 45 million and damages incurred therefrom.

B. The Defendants D arbitrarily used a sales contract that was printed by Defendant B as the representative director, and the Plaintiff and the Plaintiff.