1. Of the judgment of the court of first instance, the part against the plaintiff as to the amount of payment order following the judgment of the court of first instance.

1. Facts of recognition;

A. Defendant B is a person engaged in a secondhand trading business with the trade name of “D,” and Defendant C is a person mediating secondhand trading within “D.”

B. On May 6, 2017, the Plaintiff entered into a sales contract with Defendant C’s broker to purchase a vehicle for the EYF YF x in August 2013, approximately 63,460km of mileage, including the price, transfer registration, and brokerage commission. On the same day, the Plaintiff deposited KRW 5,80,000 out of the above sales amount to an enterprise bank account in F’s name, paid the remainder of KRW 570,000 in cash, and then changed to the above vehicle insurance even on the premise of a transfer of ownership.

C. However, Defendant C recommended the Plaintiff to purchase other vehicles by stating that “In order to cancel the contract due to the completion of transfer of ownership in the Plaintiff’s name, Defendant C shall pay penalty of KRW 2,750,000 to the Plaintiff,” while taking the vehicle into account the performance register, and the said vehicle was found to have serious defects, such as water leakage, etc. as the vehicle involved in the accident.”

On the same day, the Plaintiff entered into a sales contract with Defendant C to purchase the vehicle for GYF YF 10km in January 2013, 2013, and approximately KRW 103,110km, including vehicle price, transfer registration, and brokerage commission. 6,370,000 already paid is appropriated for the above sales amount, while the remainder amount of KRW 3,30,000 was paid with installment financing loans from H Co., Ltd.

E. However, the above EYF vehicles did not have any intention or ability to sell them to the Plaintiff, and the Defendant C did not have any intention or ability to sell them to the Plaintiff.

The above EYF YF studio vehicles had an accident twice but they did not have any serious defect.