A. C is the owner of a large-scale 47 passenger cars D (hereinafter “instant vehicle”), and the Plaintiff is the owner of the instant vehicle as the owner of the instant vehicle. Around February 2013, the Plaintiff is the owner of the instant vehicle. Around February 2013, C determined the said vehicle as the broker of Defendant B to sell the said vehicle at KRW 62 million, but a part of the purchase price was granted a loan from a financial institution after establishing a mortgage on the said vehicle, and the remainder was paid in cash (hereinafter “instant sales contract”).

B. On February 6, 2013, according to the instant sales contract, a mortgage (hereinafter “instant mortgage”) created on the instant vehicle with the mortgagee’s Hyundai Syer Social Co., Ltd. (hereinafter “Nyman Social”), the Plaintiff, the obligor, and the bond value of KRW 58 million. Around that time, the Plaintiff concluded a branch agreement with E on the said vehicle, and subsequently jointly and severally guaranteed the said debt to Hyundai Syman Social.

E, including the settlement of the instant mortgage and repayment of C’s previous obligations with the money loaned from modern money society, the amount equivalent to KRW 5,355,000 of the remainder of the purchase price to be paid in cash, was not paid.

C. E was unable to pay the remaining purchase and sale price to C as above, Defendant B received 6 million won from F and delivered the said vehicle to F, and paid 5,355,000 won out of the amount received from F as the remaining purchase and sale price to C.

Meanwhile, Defendant B received 6 million won from F on February 22, 2013 while keeping the instant vehicle in custody from the Plaintiff for delivery to E, and embezzled the said vehicle by allowing F to use at will, Defendant B issued a summary order to impose a fine of KRW 3 million by Seoul Southern District Court Decision 2014 High Court Decision 201Da9062.