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1. The judgment of the first instance, including the Plaintiff’s claim expanded in the trial, shall be modified as follows:
The defendant.
Reasons
1. Determination as to the cause of claim
A. 1) On January 28, 2012, the Plaintiff: (a) on the D (E) a franchise bus (hereinafter referred to as “instant vehicle”) located in the name of Hyundai High Speed Co., Ltd. (E) from C on January 28, 2012.
(2) The Plaintiff acquired KRW 45,000,000 from Hyundai Capital Co., Ltd. to pay the acquisition price of the instant vehicle. (3) In order to pay the acquisition price of the instant vehicle, the Plaintiff received an installment loan of KRW 45,000,000 from Hyundai Capital Co., Ltd.
3) On November 1, 2012, the Defendant: (a) purchased the instant vehicle from the Plaintiff; and (b) concluded a vehicle sales contract with the purport that, instead of paying the purchase price, the Defendant would acquire the remaining installment loans to the Plaintiff Hyundai Capital Co., Ltd. (hereinafter “instant sales contract”).
(4) After the conclusion of the instant sales contract, Hyundai Capital Co., Ltd.: (a) sold the instant vehicle and appropriated the sales price of KRW 19,500,00 for the said installment loan, which was KRW 34,319,639, the remaining installment loans at the time of November 20, 2012, when the instant sales contract was concluded.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 11, the purport of the whole pleadings
B. According to the above facts, the defendant is liable to compensate the plaintiff for damages caused by the non-performance of the obligation, as long as he did not perform his obligation despite having taken over the remaining installment loans to the Hyundai Capital Co., Ltd. at the time of November 1, 2012 as of November 1, 2012, as stipulated in the contract of this case. The amount of damages is equivalent to the amount of the additional obligation to be borne by the plaintiff against Hyundai Capital Co., Ltd. since November 1, 2012 on the wind that the defendant did not pay the installment, and the amount of damages is equivalent to the amount of the additional obligation to be borne by the plaintiff against Hyundai Capital Co., Ltd. since November 1, 2012.