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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts recognized;
A. On July 25, 2014, in order to sell the instant vehicle, the Plaintiff, who was the owner of the instant vehicle, entered C’ as a regular manager, and D’s phone number as an employee, into a seller’s contact address, and registered the instant vehicle as a sales agent at KRW 61 million on the Internet, which is an online medium-sized sales site.
B. Around 10:14, Aug. 1, 2014, the Plaintiff delegated the instant automobile sales business from the Plaintiff to the Plaintiff, who was the head of the E Team (on hand phone number F) indicated as the Ethmpician working for the said company, was called to arrange for the instant automobile sales. According to the agreement with the said Non-registered winners, the Plaintiff, upon confirmation of the Plaintiff’s office, was to receive the payment of the purchase price and deliver the Plaintiff’s certificate of the corporate seal impression.
C. Meanwhile, the Defendant: (a) was a person operating a used vehicle sales business under the trade name of “G”; (b) around July 31, 2014, H, who was a member of the automobile sales company affiliated with the Defendant, was asked by a person under the name of the deceased, who was identified as a person in charge of Hyundai Capital Claim Management, to make an estimate of the purchase of the instant vehicle, which is a customer owned by a person under the name of the deceased; and (c) decided to purchase the vehicle at KRW 45 million after consultation with I,
By August 1, 2014, the person who was named in the name of the deceased was called H to confirm the automobile as the Plaintiff’s office until August 16:30, 201, and H and I decided to purchase the automobile after confirming the Plaintiff’s office as the Plaintiff’s office at the time of temporary closure.
E. I, after obtaining a certificate of the Plaintiff’s seal impression, certified transcript of corporate register, and business registration certificate from D, shall report the above documents, and state the Plaintiff’s trade name, etc. in the transferor column of the automobile transfer certificate (hereinafter “instant transfer certificate”), and in the transferee column, he shall include “value added tax on the I, sale amount column, etc.” in the transferee column.