1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The plaintiff is running a used car trading business in the water source, and the defendant is the representative director of C Co., Ltd (hereinafter "C") who is a company operating a used car sales business in Ansan.

B. The Plaintiff: (a) reported the 'Abdi A8 LWB 3.0 TDI quatation vehicle' (hereinafter "the instant vehicle") included in D's used vehicle sales program in D'; and (b) decided to purchase D's automobile.

C. On October 13, 2013, the Plaintiff entered into a sales contract with D to purchase KRW 87,000,000 of the instant automobile at the Defendant’s office (hereinafter “instant sales contract”). The Plaintiff’s certificate of automobile transfer (for motor vehicle dealer transaction) for the instant motor vehicle is indicated as “C” by the transferor.

The Plaintiff wired the down payment of KRW 10,000,000 to the account in the name of F, which is the wife of D on the day of the above sales contract, and remitted KRW 565,265 on October 27, 2013, and KRW 28,000 on October 29, 2013 to the account in the name of F.

On the other hand, since the sales contract for the instant automobile was concluded by succeeding to the lease contract for the instant automobile, the Plaintiff paid KRW 44,324,335 to the lessee company on October 24, 2013.

E. On April 6, 2014, while the Plaintiff was operating the instant motor vehicle, the accident was found to have been repaired by the insurer while investigating the scope of damage and repair costs incurred to the instant motor vehicle due to the said accident. In the process of investigating the scope of damage and repair costs incurred to the instant motor vehicle due to the said accident, it was found that the Hague lamps, cruise control tower, front panels, etc. of the instant motor vehicle had already been damaged before the said accident occurred.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, 3, Gap evidence 11, Eul evidence 11, Eul evidence 1, KEB's order to submit financial transaction information to the KEB, witness G's testimony, the purport of the whole pleadings

2. The Plaintiff’s assertion that the sales contract of this case is the employee of the Plaintiff and the Defendant.