A. On March 28, 2012, the Plaintiff purchased a model automobile modeled Benz C200 (hereinafter “instant automobile”) from the Defendant through A, which is the Defendant’s business consultant (automobile sales staff), and entered into a lease agreement between Korea Co., Ltd. (hereinafter “Nonindicted Company”) on March 2015, the Plaintiff paid the instant automobile price by concluding the lease agreement with the Defendant as of March 20, 2015, with the deposit of KRW 15,162,00,00, remaining value of KRW 15,162,00,00, monthly rent of KRW 1,219,430, and the lease termination date.

B. On April 24, 2013, the Plaintiff concluded a lease agreement with the non-party company to purchase the Benz E300 model car (hereinafter “the instant new car”). However, the Plaintiff agreed to pay the new car price of this case as KRW 69,40,000, down payment of KRW 1,000,000, the scheduled delivery date, and May 1, 2013.

On the other hand, A, by selling the instant vehicle, agreed with the Plaintiff to adjust the advance of the instant new vehicle and the rent remaining in the instant vehicle.

C. A around April 26, 2013, upon delivery of the instant vehicle from the Plaintiff, sold the instant vehicle to a second class trading company, and received the price, but paid in the purchase price of another customer.

A deposited down payment of KRW 1,00,000 in the Defendant’s account on April 25, 2013, and delivered the instant new vehicle to the Plaintiff on May 1, 2013. On May 9, 2013, A settled KRW 10,000,000 with another customer’s credit card, and settled KRW 4,00,000 with the Defendant’s subsidies, etc. of the instant new vehicle.

E. A fails to pay the purchase price of the instant vehicle as the lease fee for the instant vehicle, and the lease fee that the Plaintiff has to pay to Nonparty Company from May 20, 2013 and the lease fee that the Plaintiff has to pay in the future is the total of KRW 28,046,897, and the fine for negligence imposed on the Plaintiff for failing to pay the lease fee is KRW 73,100,000.