A. The Plaintiff is the husband of Defendant C’s high school-friendly job offers D, and the Defendant B was in a relationship with Defendant C from around 2000.

B. Around May 2017, Defendant B promised to deliver a vehicle to the Plaintiff within 45 days upon deposit of the vehicle price with Defendant C’s account by recommending the Plaintiff to purchase Bosch Rexroths, such as a new car, etc.

C. Accordingly, the Plaintiff deposited KRW 50,190,000 in the Defendant C’s account on June 14, 2017; KRW 6,000,000 on June 23, 2017; KRW 3,920,000 on June 23, 2017; KRW 4,270,000 on July 24, 2017; and KRW 50,190,000 on the aggregate of KRW 20,000 on August 20, 2017.

However, the defendant B did not purchase the promised vehicle, and as the plaintiff demanded the return of the vehicle price, the plaintiff did not pay the vehicle again.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. According to the above facts of recognition as to the claim against Defendant B, Defendant B is obligated to pay to the Plaintiff the amount of KRW 50,190,000 paid as vehicle payment from the Plaintiff as well as damages for delay at the rate of 15% per annum from September 12, 2018 to the date following the delivery of the copy of the instant complaint, as the Plaintiff seeks.

3. Determination as to the claim against Defendant C

A. Determination 1 on the primary argument of the Plaintiff is based on the following: (a) as a de facto marital relationship, the Defendants conspired with the Plaintiff and made a false representation as if they were to sell the used vehicle, and did not deliver the vehicle that received the vehicle price from the Plaintiff; (b) Defendant C is jointly and severally liable with the Defendant B to return the said money to the Plaintiff, as they received the payment of KRW 50,190,000 from the said deceptive act; and (c) Defendant C is jointly and severally liable to return the said money to the Plaintiff, taking full account of the overall purport of the arguments in each of the entries in the evidence Nos. 1 and 8 (including the number of branches).