1. The Defendant’s KRW 21,545,030 as well as 5% per annum from April 26, 2018 to June 26, 2018 to the Plaintiff.

On April 30, 2016, the Plaintiff purchased from the Defendant the freight truck of 27 tons “C” (hereinafter referred to as “instant truck”) which is entered in the Sungsung Logistics Co., Ltd., for KRW 87.5 million.

Of the above purchase price, one million won of the down payment shall be paid on the date of the contract, and the remaining 86.5 million won was transferred by account transfer to the Defendant passbook on April 29, 2016.

[1] At the time, the Plaintiff did not confirm the register of the truck of this case, and concluded a sales contract with the Defendant (a seller who is correct and the Defendant’s husband, “D” which is the Defendant’s husband). On March 31, 2016, the Plaintiff had already been subject to a mortgage of KRW 48 million in the claim value in the modern social (state).

[A] The Plaintiff and the Defendant, as a matter of course, did not deduct the amount of mortgage creation or reflect it in the sales price when calculating the above sales price.

On April 26, 2018, the Plaintiff paid 21,545,030 won, in lieu of the total of the amount of the remaining mortgage and the expenses, and revoked the registration of the establishment of a mortgage on a deposit basis (the details of the head of the Tong, stated as the “Nuri Capital Stock Company” in the details of the passbook).

[A] The facts above 6] and above shall be acknowledged to the effect that there is no dispute or the whole pleadings, other than macroscopic evidence.

In light of the above facts, the defendant, as the seller of the truck of this case, bears the warranty liability under Article 576 of the Civil Act to the plaintiff who is the buyer.

The plaintiff paid his own money to the mortgagee the remaining amount of debt, etc. and cancelled the registration of creation of mortgage, thereby preserving the ownership of the truck of this case. Accordingly, the defendant must reimburse the amount of the plaintiff's expense pursuant to Article 576 (2) of the Civil Code.

The repayment amount is KRW 21,545,030.

Damages for delay shall be calculated from April 26, 2018 in which the Plaintiff paid the said money.

On the other hand, since the sale of the truck of this case is not a transaction between merchants, but a commercial activity, the Civil Act shall apply.

The Plaintiff’s truck of this case.