1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. B’s deception and Plaintiff’s remittance (1) B had been shipped out to the Plaintiff at a price lower than the market price.

B, even at this time, the Plaintiff sent KRW 5 million to the wife’s account at the discount of KRW 36 million on July 30, 2015, the Plaintiff transferred KRW 25,591,000 to the NHD (hereinafter “the instant virtual account”) on July 30, 2015 (hereinafter “the instant amount”), and KRW 5,409,00 to the Plaintiff’s account on August 3, 2015.

(2) In addition, on May 6, 2015, the Plaintiff transferred KRW 60,60,000 to C’s account on the ground that BMW X5 40D vehicles were released at the discounted price of 25%.

(3) The Plaintiff, who did not withdraw the foregoing vehicles, filed a complaint with B on the charge of fraud, and B was indicted as Seoul Northern District Court Decision 2016Da3443 on the charge of deceiving the said vehicles as if not only the Plaintiff but also several persons had no intent or ability to purchase the vehicle at the discounted price.

B. (1) On the other hand, E transferred KRW 300,000,000 to F on June 11, 2015, on the ground that Franchisor HG vehicles (hereinafter “the instant franchise vehicles”) that he/she became aware of in the course of the purchase of vehicles and the issuance of the instant virtual account was purchased at a price lower than the market price.

(2) The Defendant Company Gagency Cirst H listened to the speech that E intended to purchase the instant franchise vehicle through I, which is a medium and high-level transaction, and received the E’s identification card and telephone number in its place.

(3) On June 12, 2015, G agency entered personal information into the Defendant’s sales finance system, and the Defendant issued the instant virtual account on the same day and sent text messages to E’s contact address.

(4) When the Defendant deposited KRW 100,000 as down payment, on June 23, 2015, the Defendant sent the text messages of the contract to the contact address of the above E.