1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On May 2013, the Defendant recommended that the Plaintiff would lend money to the Plaintiff as collateral when the Plaintiff received a discount loan from Hyundai Capital Co., Ltd. and purchased a heavy automobile.

이에 급하게 돈이 필요하였던 원고는 할부 대출을 받아 이 사건 자동차를 샀고, 피고는 원고에게 이 사건 자동차를 담보로 하여 300만 원을 빌려주면서, 원고가 위 돈을 갚을 때까지 이 사건 자동차를 자신이 보관하겠다고 하였다.

B. Since February 10, 2014 to February 13, 2014, the Plaintiff remitted KRW 5 million from the Defendant to the Defendant’s account of C, who is the Defendant’s seat.

C. On February 13, 2014, the Defendant issued the following notes to the Plaintiff.

I confirm that the Plaintiff’s loan was fully returned to five million won.

Accordingly, the Plaintiff is entitled to return the loan documents (such as vehicle abandonment note, certificate of seal impression, certified copy, loan documents) and the ownership and motor vehicle of the instant motor vehicle, which is a security.

Plaintiff

The instant vehicle in the name of the Plaintiff is stored from February 13, 2014 to March 2, 2014 as entrusted by the Plaintiff.

The reason for custody is for the sale of the vehicle and the transfer of its name.

The vehicle storage period is from February 13, 2014 to March 2, 2014, and if the sale and purchase and the transfer are not made after the expiration of the period, the instant vehicle will be returned to March 5, 2014.

The Plaintiff promises to assume all civil and criminal responsibilities arising from February 13, 2014 to March 2, 2014.

I undertake not to return on a fixed date to assume civil or criminal responsibilities. D.

However, the defendant did not return the motor vehicle of this case to the plaintiff, and the person whose identity is not known is using the motor vehicle of this case.

[Judgment of the court below] Facts without dispute, Gap's evidence of subparagraphs 1 through 5, and the purport of the whole pleadings

2. The main point of the Plaintiff’s assertion is that the Plaintiff loans.