1. The plaintiff's claim is dismissed.

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

1. The following facts do not conflict between the parties, or can be acknowledged by taking into account the following facts: Gap's statements in Gap's 1 to 3; Gap's order to submit financial transaction information to Samsung Fire and Marine Insurance Co., Ltd.; and the purport of all pleadings.

On March 12, 2013, Non-Party C purchased D Kanbro vehicle (hereinafter “instant vehicle”) in the name of the Plaintiff without the Plaintiff’s consent, and created a mortgage on the instant vehicle by receiving money from Hyundai Capital Co., Ltd. on the same day.

B. On March 12, 2013, the Plaintiff subscribed to Samsung Fire and Marine Insurance Co., Ltd. with respect to the instant vehicle, and the name of the policyholder was changed on January 31, 2015, and the said insurance was terminated on March 12, 2015.

C. During the instant lawsuit pending, the Plaintiff cancelled his name on the instant vehicle.

2. The parties' assertion

A. The Plaintiff asserted that the Defendant purchased the instant vehicle from C in the amount of KRW 5.8 million and operated without transferring it in the name of the Defendant.

On the wind, the Plaintiff paid KRW 3,846,311 in total in subrogation of the Defendant, as well as KRW 490,420 in total of automobile tax and local tax on the instant vehicle, KRW 2,373,171 in total, and KRW 982,72,720 in total, including fines for negligence and tolls in violation of parking and stopping, and thus, the Defendant is obliged to pay the said money to the Plaintiff.

B. On January 2015, E, the Defendant’s spouse, was engaged in the sales business of used vehicles, and lent 6 million won to F as collateral the instant vehicle, and returned the instant vehicle to F after one month or two months.

E, as it is necessary for the operation of the instant vehicle, subscribed to the locked Automobile Insurance under the name of the Defendant, but did not actually operate the instant vehicle, and terminated the said insurance while returning the instant vehicle.

3. However, as alleged by the Plaintiff, Defendant.