A. As to KRW 31,547,996 and KRW 29,00,00 among the Plaintiff, KRW 31,547,99 and KRW 29,00 from March 24, 2014.

A. The plaintiff and the defendant are relatives.

The defendant purchased and sold a damaged motor vehicle due to a traffic accident.

B. On March 23, 2014, the Plaintiff concluded a sales contract with the Defendant to purchase the automobiles listed in the separate sheet (hereinafter “instant automobiles”) from the Defendant for KRW 29 million (hereinafter “instant sales contract”).

C. On March 23, 2014, the Plaintiff paid KRW 3 million to the Defendant respectively, and KRW 26 million on March 24, 2014.

On June 3, 2014, the Plaintiff completed the ownership transfer registration for the instant automobile.

C operates a motor vehicle maintenance plant of the trade name D.

C from the beginning of 2014 to the day of the closing of the instant argument, the instant motor vehicle is kept in the aforementioned D.

The instant motor vehicle is currently in the state of suspension of repairs.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 4, witness C's partial testimony, the purport of the whole pleadings

2. Summary of the parties' arguments

A. The Defendant agreed to repair the instant vehicle and deliver it to the Plaintiff.

Although the Defendant entrusted the repair of the instant vehicle to C, it was impossible to repair the instant vehicle due to the dispute between the Defendant and C, and the Defendant did not deliver the instant vehicle to the Plaintiff even until now.

Therefore, the Plaintiff’s rescission of the instant sales contract on the ground of nonperformance of the Defendant’s duty of delivery by serving a duplicate of the application for modification of the purport and cause of the claim.

The Plaintiff paid KRW 29 million to the Defendant for the purchase price of the instant automobile, KRW 2547,96 for the transfer of the name of the instant automobile, KRW 34.5 million for the premium of KRW 3 million. The Defendant is obliged to pay the said money and interest thereon or delay damages, and at the same time to accept the transfer registration procedure for the ownership transfer of the instant automobile.

B. The Plaintiff, other than the Defendant, was directly C around March 2014.