1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. (1) The Plaintiff borrowed KRW 40 million from the Defendant on September 21, 2028 to purchase a motor vehicle on September 21, 2018 (hereinafter “instant loan agreement”). The Plaintiff borrowed the said loan agreement with the Defendant on September 21, 2028 (hereinafter “instant loan agreement”).

(2) According to the instant loan contract, if the Plaintiff finally purchased a motor vehicle and provides the Defendant with a sales contract, etc., the Plaintiff is given a loan, and the loan is immediately transferred to the account of the business operator who sells the motor vehicle.

In addition, after the loan is paid, the applicant for the loan shall complete the registration of the transfer of the ownership of a motor vehicle in his/her name within two business days, and the defendant shall call to the plaintiff and confirm

B. 1) On September 21, 2018, the Defendant: (a) around September 14, 2018, around the conclusion of the instant loan agreement and the payment of the loan; and (b) around September 14, 2018,

3) From the Plaintiff’s perspective, the Plaintiff’s automobile owned by Nonparty Company D Escoo (hereinafter “instant automobile”).

(2) On September 21, 2018, Defendant E, who received the said sales contract, was by facsimile a sales contract stating that he/she purchased KRW 40 million in the purchase price, confirmed the fact that he/she was in office by telephone to the Plaintiff on September 21, 2018, and confirmed that a loan equivalent to the amount of the purchase price of the instant vehicle would be made.

3) On September 21, 2018, the Defendant deposited KRW 40 million in the Plaintiff’s B account (Account Number:F) and immediately remitted the money to the Plaintiff’s G Union account (Account Number: H). Meanwhile, on September 27, 2018 ( September 21, 2018) within two business days from the date of lending, the Plaintiff completed the registration of transfer of ownership on the instant automobile in its name from September 23, 2018 to September 26, 2018.

[Ground of Recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1 to 7 (including each number, if any) and arguments.