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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Basic facts
A. On July 21, 2013, the Plaintiff placed an advertisement with the content that the Plaintiff sells construction machinery listed in the attached Form (hereinafter “instant log”) on the website for heavy equipment sales (hereinafter “instant log”).
B. On July 22, 2013, a person without a name (hereinafter referred to as “person without a name”) called the Plaintiff to sell the instant route by phoneing the Plaintiff as an intermediary, and the Plaintiff consented thereto.
On the same day, the person who was unable to receive the name card refers to the Plaintiff, who calls again to the Plaintiff on the same day, and shows the instant route to send his employee, and when there are people, the person who was unable to receive the name card refers to the Plaintiff as “Iber” and the employee was aware of it.
C. Meanwhile, on the other hand, on July 23, 2013, a name-free person called "C" calls to the Defendant, who is engaged in construction machinery sales business, and sells the instant log, and the instant loger was in the parking lot of government-type government office, and he was in the hospital, so he could not go to the site, and thus, he was in the vicinity of the above parking lot, and the Defendant was only in the vicinity of the Plaintiff.
As above, the Plaintiff made a speech to the Defendant, etc. that “I am about Iber. I am about I am without this, I would like to sell the instant log,” and allowed the Defendant to check the status of the instant log.
After completing the inspection of the state of the log in this case, the Defendant returned home to the account in the name of the deceased and returned 53,000,000 won for the purchase price of the log in this case to the post office account in the name of E, in which the deceased and the deceased were designated as the secured debt of the mortgage set forth in the log in this case (the Defendant decided to take over the loan debt for the loan fund for the loan fund for the loan of the loan for the loan for the loan for the loan for the loan for the loan of the mortgage set forth in the log in this case). On the same day
E. Around that time.