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The judgment of the first instance, including the selective claims added by this Court, is modified as follows.
Reasons
1. Basic facts
A. The Plaintiff is a person who operates a used car brokerage and sales company (hereinafter “instant trading company”) with the trade name “E” in Suwon-si, Suwon-si, Suwon-si, and Defendant B is an employee of the instant trading company, and Defendant C is the father of Defendant B.
B. On May 2, 2016, Defendant C prepared and issued an agreement on the financial guarantee (hereinafter “instant guarantee agreement”) stating that “I will be liable for all damages incurred to you due to intentional or negligent conduct in connection with the sale of automobiles during his/her term of office in the instant commercial, and will be liable for all damages to you.” (hereinafter “instant guarantee agreement”) on the part of the Plaintiff.
Although the letter of guarantee of re-guarantee in this case contains the phrase “(the maximum amount of guarantee: the full amount)”, according to the description of No. 8 and the testimony of witness F of the first instance trial, etc., Defendant C appears to supplement the phrase “full amount” without authority, even if it was a blank space at the time when the letter of guarantee in this case was delivered to the Plaintiff, and thus, it is recognized as above.
C. Upon Defendant B’s request, the Plaintiff transferred the vehicle purchase price (hereinafter “the instant vehicle purchase price”) to Defendant B’s account as indicated below. However, Defendant B did not enter the used cars purchased with the said money (hereinafter “each of the instant vehicles”) into the instant company, and did not sell it or return the said vehicle purchase price to the instant company.
Serial Temporary Amount of the vehicle and the vehicle model 1.25 million won G (BM 520d on July 26, 2016) of KRW 25 million on May 30, 2016, KRW H (BM 520d) of KRW 14 million on July 29, 2016, KRW I (Golf2.0DI) 4 million on October 7, 2016, KRW 500,000 J (in India G35) 5, December 13, 2016, KRW 600,000 KK (Ais Habrid) of KRW 35 million on December 13, 2016 (UM 500d on December 13, 2016) of KRW 1600,000 (UM 1300,000 won on July 16, 2016).