1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Facts of recognition;

A. On July 1, 2015, C Co., Ltd. (hereinafter “C”) decided to purchase from D, an importer of imported vehicles, “BM X5” vehicles (hereinafter “instant vehicles”) for KRW 47,40,000 with a significantly lower market value than the market value. Around July 17, 2015, a Co., Ltd. (hereinafter “C”) remitted down payment amounting to KRW 27,40,000,000 in total with an account in the E’s name, a transaction account in D, as of July 1, 2015.

B. However, C intended to withdraw the purchase of the instant vehicle, but did not do so, and the Defendant, etc., who is in the same business relationship with C, and has a friendly relationship with the Plaintiff, recommended the Plaintiff to purchase the said vehicle. On September 3, 2015, the Plaintiff remitted KRW 27,400,000 to the Defendant’s account.

C. On September 3, 2015, the Defendant received money from the Plaintiff, immediately after receiving the money from the Plaintiff, additionally remitted KRW 20,000,000 of the unpaid vehicle price that C had borne with D to the above E’s account, and requested D to immediately deliver the instant vehicle, and immediately notified the Plaintiff of such remittance and request. On the same day, the Defendant returned KRW 7,400,000 in difference for convenience in calculating the Plaintiff.

On September 7, 2015, the Plaintiff additionally remitted KRW 31,000,000 to the Defendant, and the Defendant paid KRW 27,400,000 out of the said money to C on September 15, 2015.

In order to refund the down payment stated in the paragraph, the money shall be remitted to the account in the name of C, and the remainder of 3,600,000 won shall be kept.

E. After that, D failed to deliver the instant vehicle on the next day, and upon which the Plaintiff was unable to receive the said vehicle, D notified the Defendant of his intention to cancel the contract and to request the return of the purchase price of the vehicle already paid to the original state on November 2015.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 through 6, F's testimony of witness of the first instance court, witness G of the first instance court, and the purport of whole pleadings.