A. The E Co., Ltd. (hereinafter “E”) carried out the business of newly building and selling Gtel (hereinafter “instant officetel”) on the F and three parcels of Osan City, Osan-si, and Defendant B entrusted the business site and new building to Defendant B Co., Ltd. (hereinafter “B”), thereby selling the instant officetel as a seller.

Defendant B entered into a sales agency contract with Defendant C Co., Ltd. (hereinafter “C”) on the instant officetel.

B. On September 30, 2016, the Plaintiff was consulted by Defendant D with the head of the team in Defendant C with respect to the instant officetel. On September 30, 2016, the Plaintiff concluded the instant sales contract with Defendant B (hereinafter “instant sales contract”).

C. According to the instant sales contract, the Plaintiff paid KRW 41,656,500 in total as down payment to Defendant B pursuant to the instant sales contract, and intended to borrow an intermediate payment for the purpose of paying part payments, but around August 2017, the Plaintiff responded from L Bank that it is impossible to borrow part payments due to low credit rating of the Plaintiff.

Ultimately, the Plaintiff failed to pay the intermediate payment under the instant sales contract, and around December 4, 2017, notified Defendant B of the fact that the instant sales contract was cancelled due to the Plaintiff’s nonperformance of contract, and the down payment was reverted to a penalty penalty.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 3, entry of Eul evidence 1 and the purport of whole pleadings

2. The plaintiff's assertion

A. In the course of the Plaintiff’s purchase of the instant officetel, Defendant D’s deceptiond the Plaintiff, stating that “it may receive a conditional intermediate payment regardless of credit rating,” and caused the Plaintiff to enter into the instant sales contract. As such, Defendant D was a tort, Defendant C as an employer of Defendant C.