1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Determination as to the cause of claim

A. The Plaintiff’s assertion that the Defendant used the Plaintiff’s vehicle C (hereinafter “instant vehicle”) from January 2002 to October 23, 2012, and did not pay a total of KRW 5,052,510, including administrative fines and taxes, and did not incur damages to the Plaintiff. As such, the Defendant is obliged to pay the said money and damages for delay as compensation for damages to the Plaintiff.

B. The Defendant did not use the instant vehicle under the Plaintiff’s name from January 2002 to October 23, 2012, and did not pay KRW 5,052,510, such as an administrative fine incurred during the period of use, and paid a part of the said money on behalf of the Plaintiff, and the fact that the amount was unpaid is identical to the Plaintiff’s assertion.

However, in full view of the overall purport of the records and arguments of this case, the plaintiff is also likely to be subject to investigation or subject to criminal punishment, as it was discovered by the defendant, who had been engaged in a partnership business with the Japanese company at the time of January 2002 by the investigative agency in relation to the import business. Thus, even if the defendant was discovered to investigation agency, the plaintiff requested the plaintiff to seek compensation for the relation to the case of the case, and as a consideration therefor, registered the vehicle in the name of the plaintiff, which was originally registered in the name of the defendant, and promised to bear all expenses related to the operation of the vehicle of this case, such as the installment and insurance premium, etc. of the vehicle of this case for the defendant. Accordingly, according to the above acknowledged facts, since the plaintiff paid the fine for negligence and tax imposed on the vehicle of this case according to the above promise

Therefore, the prior plaintiff's assertion is rejected on a different premise.

2. Thus, the plaintiff's claim of this case shall be dismissed as it is without merit, and the judgment of the court of first instance is just and just.