1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On November 2012, 2012, the Plaintiff’s husband D entered into an entrustment management agreement with the Defendant on the instant cargo vehicle (hereinafter “this case’s cargo vehicle”) with a period of three years as to the instant cargo vehicle (a chassis number F; hereinafter “the instant cargo vehicle”). On November 8, 2012, D completed the ownership transfer registration of the instant cargo vehicle under the name of the Defendant (automobile registration number: G). (b) Thereafter, D engaged in the truck transport business using the instant cargo vehicle and paid the Defendant the management fee, etc. to the Defendant under the said consignment management agreement.

(c)

In this regard, around February 22, 2013, H, the representative director of the Defendant, had DD MD MD personnel I make a false report that “the number of the instant cargo was lost.” On the same day, H had D changed the number of the instant cargo from “business use” to “private use” on the ground of the said loss (the purpose of the instant cargo vehicle was also changed from “business use”). D without knowledge, continued to use the instant cargo vehicle, and eventually, the instant cargo vehicle was discovered to be non-owned thereafter.

(d)

H was convicted on June 22, 2017 of the facts constituting a crime that interfered with D’s truck transport business through a deceptive scheme (Seoul District Court Decision 2016Da309 decided Jun. 22, 2017). The above judgment was affirmed as it was dismissed (Seoul District Court Decision 2017No4758 decided May 28, 2018) and dismissed the appeal (Supreme Court Order 2018Do9543 decided Aug. 24, 2018).

E. Meanwhile, when D purchased the freight of this case, the Plaintiff borrowed KRW 38 million from K Co., Ltd. around the beginning of November 2012 in order to raise the purchase fund, and the Plaintiff delayed payment of the loan from November 11, 2015.

F. The instant cargo was sold to another person on December 16, 2016 in the public sale procedure, and K Co., Ltd appropriated KRW 9,116,910 for part of the said loan principle.

[Evidence] Facts without dispute, Gap's 1 to 4, 8, and .