The part of the judgment of the first instance against the defendant shall be revoked.

The plaintiff's claim against the defendant is dismissed.

The plaintiff.

1. Basic facts

A. On March 1, 2017, the Plaintiff requested C to purchase secondhand cars, and transferred KRW 3.5 million to the Agricultural Cooperative Account in the name of D on March 11, 2017, and KRW 1.5 million to the Agricultural Cooperative Account in the name of C on March 21, 2017.

B. On March 17, 2017, the Defendant received KRW 1 million from C to a new bank account under the Defendant’s name, after having been contacted with C to purchase heavy vehicles, and received KRW 2 million from the Plaintiff to the same account on March 30, 2017, and KRW 17 million from the Plaintiff on April 13, 2017, respectively.

The Defendant later delivered C the Ebenz 500 Automobile (hereinafter “instant automobile”) to C.

C. Around that time, C attempted to deliver the instant vehicle to the Plaintiff, but the Plaintiff refused to accept the instant vehicle by demanding repair on the ground that there is a defect to the extent that it is impossible to operate the instant vehicle.

[Ground for Recognition: Facts without dispute, Gap evidence 1, 4, Eul evidence 1 and 2, the purport of the whole pleadings]

2. The parties' assertion

A. The plaintiff asserted that he purchased the automobile of this case from the defendant, a representative, through C by delegating the purchase of the automobile of this case to C, and the defendant delivered the automobile of this case to the extent of impossibility of operation, without giving guidance to repair it. The plaintiff cancelled the sales contract of this case on the ground of the defendant's default by delivery of a copy of the complaint of this case.

Therefore, the defendant is obligated to return the purchase price of KRW 20 million paid by the plaintiff to the plaintiff and pay the delay damages to the plaintiff as restitution due to the above cancellation.

B. The defendant asserted that the defendant only sold the instant vehicle to C, and that part of the purchase price for the instant vehicle was deposited in the name of the plaintiff was due to internal circumstances between the plaintiff and C. It is not the purchaser of the instant vehicle.