1. Revocation of the first instance judgment.

2. All of the plaintiff's claims are dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On May 17, 2016, the Plaintiff purchased FM5 Passenger Vehicles (hereinafter “instant vehicle”) from Defendant C, a trading partner of the said company, for KRW 9,563,000 due to the arrangement of “E” among the used vehicle traders operated by Defendant B.

Defendant D is an employee of the above company who is in charge of arranging the sale of the instant vehicle.

B. The Plaintiff received a certificate of automobile transfer on May 17, 2016, the date of the instant vehicle purchase from the Defendants, and the record of the inspection of the performance and condition of a used vehicle on May 19, 2016, respectively. The said certificate of transfer and the record of inspection was indicated that the odometer of the instant vehicle was 122,980km.

C. The instant vehicle was first registered on April 2, 2009 and operated as a taxi business vehicle, and was rescheduled for the general public on June 20, 2013, and was 186,848km as of January 10, 2013.

[Ground of recognition] The non-contentious facts, Gap evidence Nos. 1, 8, 12, and 19 (including each number; hereinafter the same shall apply), the result of fact inquiry into the original place of business of the Rottensan Motor Vehicle at the court of the first instance, the purport of the whole pleadings

2. Determination as to the cause of claim

A. The Plaintiff’s assertion that the instant vehicle was “fluoring vehicles” at a price much lower than that of ordinary vehicles, and the odometer was operated at 122,980km, but the Defendants concluded the instant sales contract without notifying the Plaintiff of such fact.

The Defendants’ act constitutes a tort by deceiving the Plaintiff, and thus, the Defendants are obligated to compensate the Plaintiff for damages equivalent to the purchase price and repair cost of the instant vehicle.

B. The instant vehicle is a restoration vehicle, and even if the odometer as of January 10, 2013 was 186,848km, the odometer is 122,980km on the certificate of the transfer of the instant vehicle and the inspection record issued by the Plaintiff at the time of the purchase of the instant vehicle by the Defendants.