1. The primary Defendant B’s 38,000,000 won and the Plaintiff’s 5% per annum from April 6, 2016 to November 7, 2016.

1. Facts of recognition;

A. Defendant B is the owner (mutual name) of the D-ma-type cargo vehicle (hereinafter the instant vehicle) and the land owner, who is the legal owner of the said vehicle, is the owner of the said vehicle, and Defendant B operated the said vehicle as the children of Defendant B.

B. On August 21, 2015, Korea Capital Co., Ltd. (hereinafter “Korea Capital Co., Ltd”) acquired a mortgage on the said vehicle at the debtor’s price B and the claim price of KRW 47.1 million.

C. Around February 26, 2016, the Plaintiff entered into a contract with the Defendant C, who represented Defendant B, to be transferred the status of the land owner as to the said vehicle in KRW 38 million.

(2) On February 26, 2016, the Plaintiff paid 38 million won in total by remitting the down payment to the Defendant’s bank account in accordance with the foregoing contract.

By April 11, 2016, Defendant C, the agent of Defendant B, agreed on April 6, 2016 to pay 47,100,000 won of installment loans to Dog Capital, the mortgagee of the instant vehicle, to cancel the said mortgage, and to transfer the status of the land owner to the Plaintiff (as to the land owner company).

E. On July 21, 2016, the Plaintiff filed an application with the Defendants for a payment order claiming the return of the said transfer price of 38 million won, which was served on November 7, 2016, and served on Defendant B on February 21, 2017.

F. On August 12, 2016, after the Plaintiff’s request for payment order, the Defendants repaid the obligations of installment loans to the Korea Capital Capital.

The mortgage of the Republic of Korea Capital is not immediately cancelled, but was cancelled on December 29, 2016.

[Evidence: Evidence Nos. 1 through 5 (including paper numbers), Eul 2, 4, 5, strife- strife- strife- strife- strife- s

2. Determination as to the claim against the primary defendant B