1. The defendant shall deliver the vehicles listed in the attached list from the plaintiff to the plaintiff at the same time. 120,000,000 won shall be applied to the plaintiff.

Basic Facts

A. From April 2015, the Defendant was running a cargo transport business using a motor vehicle as indicated in the separate sheet (hereinafter “instant truck”) located in the waterway transport company from April 2015.

B. On September 19, 2016, the Plaintiff entered into a sales contract with the Defendant to purchase the instant truck from the Defendant (hereinafter “instant sales contract”).

C. In relation to the instant sales contract, the Plaintiff paid KRW 120,000,000 (=10,000 + 110,000,000 + 110,000,000 + 110,000,000) to the Defendant on September 27, 2016, and paid KRW 3,00,00,000 to C who arranged the instant sales contract on September 27, 2016.

The Plaintiff received the instant truck from the Defendant on October 1, 2016.

[Grounds for recognition] The facts without dispute, Gap evidence Nos. 1 through 4 (including the number of branch numbers; hereinafter the same shall apply), the plaintiff's assertion of the purport of the whole argument as to the purport of the plaintiff's deception 1) The defendant, without the approval of the subscription mining, has installed the tubes to remove the roof of the loading box of the truck of this case without the approval of the subscription mining, which cannot pass a regular motor vehicle inspection in this state because it is illegal. Therefore, it is impossible to operate the truck of this case. Therefore, the defendant sold the truck of this case without notifying the plaintiff at all. 2) The defendant stated that the sales of this case was KRW 15 million per month when he operated the truck of this case to the plaintiff, but the sales of this case was at least KRW 8,00,000 per month, as a result of the plaintiff's actual operation.

3 The Defendant stated that he would not operate the instant truck for the same kind after selling it to the Plaintiff, and for this reason, received premium of KRW 40,000,000 from the Plaintiff.

However, the defendant purchased a new cargo truck after the sales contract of this case, and then purchased the new truck of this case to the Sejong ethyl Environment Co., Ltd., which is the existing superior trading place.