A. Defendant B’s KRW 45,233,00 and its annual 5% from June 7, 2014 to January 8, 2015.

A. Defendant D is an operator of the “F” of a motor vehicle trading company located in Incheon, which is a motor vehicle trading complex, and Defendant C is a manager of the said company in the position of the head of the department, and the F Company was holding the authority to sell GMW520D used in the storage for sale and purchase in E (hereinafter “instant motor vehicle”).

B. However, on June 6, 2014, Defendant B, who did not have any right to the instant motor vehicle and did not have any volume employed by the motor vehicle transaction company as a motor vehicle dealer, posted a notice to sell the instant motor vehicle by accessing the Internet Baber’s H car page.

C. On June 7, 2014, Defendant B: (a) provided the F business entity with a false name and a false name, and (b) provided that he/she would arrange the sale of the instant vehicle as if he/she were the trading member of the motor vehicle transaction company of “J”; (c) received a copy of the key of the instant motor vehicle, registration certificate, statement of transfer expenses, and inspection record of the performance and condition of the instant motor vehicle from I; and (d) read the above Internet wl, and then used the key of the instant motor vehicle and related documents, which was found in E to determine whether to purchase the instant motor vehicle. In order to determine whether to purchase or sell the instant motor vehicle, Defendant B was entitled to arrange the sale of the instant motor vehicle by using the key of the instant motor vehicle, and related documents.

The Plaintiff believed to have the right to intermediate the sale of the instant vehicle to Defendant B, prepared a car transfer certificate with the said Defendant, and remitted the purchase price of KRW 41.5 million, registration fees of KRW 3,733,00, total of KRW 45,233,00 to the account under the said Defendant’s name.

【Fact-finding without any dispute over the basis of recognition】: Gap's statements, 1 through 6, 8 through 11, 13, and 15; witness I's partial testimony; defendant Eul's examination result; the purport of the whole pleadings

2. Determination

A. Determination as to the claim against Defendant B