A. On September 28, 2014, the Plaintiff entrusted Defendant B with the sale of construction machinery listed in the separate sheet owned by the Plaintiff (hereinafter “instant construction machinery”) and entrusted the sale thereof.

At the time, the Plaintiff and Defendant B agreed to deliver the instant construction machinery and documents necessary for the registration of the transfer of construction machinery and the instant construction machinery in exchange for the remainder payment and payment of the purchase price of the instant construction machinery, and to purchase the instant construction machinery in D if the sale was not conducted by October of the same year.

B. However, on October 7, 2014, Defendant B arbitrarily sold the instant construction machinery to E without the Plaintiff’s permission and received the sales price from E, but did not pay it to the Plaintiff.

C. At the time, Defendant B used the name of the representative of “D” and had a sexual intercourse between E and E. Defendant C, as the children of Defendant B, was registered as the representative of “D” and the certificate of transfer of construction machinery issued by Defendant B to Defendant B, respectively, signed the name of “D Company C” in the transferee column.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, fact-finding results on the Chungcheong Police Station of this Court, the purport of the whole pleadings

2. According to the facts of the above recognition, Defendant B arbitrarily sold the instant construction machinery owned by the Plaintiff without the Plaintiff’s permission, and did not pay the Plaintiff the purchase price for construction machinery received from the Plaintiff, thereby causing the Plaintiff to lose ownership of the instant construction machinery. Defendant C is the representative of Defendant B D to which he belongs, and is responsible for direction and supervision. Accordingly, the Defendants are jointly liable to compensate the Plaintiff for the damages incurred to the Plaintiff.

Furthermore, the damages suffered by the Plaintiff due to the tort committed by Defendant B in relation to the amount of damages.