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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. Basic facts
A. A. Around April 201, the Plaintiff purchased and used a passenger car e200 from Hansung Automobile Co., Ltd. (hereinafter “ Hansung”) using installment financing of Korea Social Services Korea Co., Ltd. (hereinafter “Korea Social Services Korea”), but on April 25, 2012, the balance of the said installment financing obligation was KRW 13,333,400.
B. Around May 2012, the Plaintiff accepted the Plaintiff’s new car purchase price of Nonparty B, who is a seller of Hansung cars, for approximately KRW 68,800,00,000. The Plaintiff returned the benz E200 automobiles currently in use, thereby paying part of the said new car purchase price. The Plaintiff paid the remainder of the installment financing amount of KRW 13,333,400, as it is, and additionally paid KRW 9,220,00,000 for additional charges and registration fees.
C. In order to purchase the instant new vehicle by the foregoing method, the Plaintiff delivered to B, on April 2012, benz E200 automobiles used as a policeman. around May 8, 2012, the Plaintiff paid KRW 9,220,000. Around that time, the Plaintiff issued the Plaintiff’s certificate of personal seal impression, copy of passbook, resident registration card, copy of resident registration card, and certificate of income amount.
B around May 12, 2012, around May 12, 2012, drafted a “motor vehicle sales contract” with the purport of purchasing KRW 68,800,000 for the instant new motor vehicle under the Plaintiff’s name and the instant new motor vehicle, and on May 14, 2012, drafted a “application/agreement for installment financing of motor vehicles” (hereinafter “instant installment contract”) stating that the Defendant shall pay KRW 68,00,000 (excluding KRW 80,000 for advance payment from the instant new purchase price) to the Defendant in the name of the Plaintiff in installments of KRW 2,260,30 for 36 months.
E. On May 14, 2012, at the time when the “application/agreement for installment financing” was drawn up, the Plaintiff received a telephone from the Defendant to confirm the contents of the instant installment contract, and “the instant case”.