1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On May 29, 2014, when the Plaintiff borrowed the Plaintiff’s name to purchase used cars from B, the Plaintiff accepted a proposal to pay the Plaintiff’s profit in 1.5 million won per month after deducting the Plaintiff’s installment, etc. from the monthly 3.5 million won arising from the car siren business.

B. On May 30, 2014, the Plaintiff entered into a contract for installment financing of used cars, including the purchase cost of used cars, with Han Capital Co., Ltd. on an installment loan of KRW 38 million. On June 12, 2014, upon the Defendant’s mediation engaging in a motor vehicle transaction business on June 12, 2014, the Plaintiff purchased Dents Co., Ltd. (hereinafter “instant motor vehicle”) owned by C with KRW 36 months at KRW 36,000,000, and paid it to C by creating a mortgage on one capital Co., Ltd. on the same day and receiving KRW 30 million of the loan.

C. B received an identification card from the Plaintiff and presented it to the Defendant on June 2014, and had the Defendant drive the instant vehicle directly, or had the Plaintiff, his creditor, possess and use it, and did not do so differently from the name lending agreement with the Plaintiff, and did not pay the rental proceeds promised to the Plaintiff properly.

On the other hand, B was guilty of having been sentenced to imprisonment with prison labor for four and a half years by the court of first instance on August 25, 2015, on the ground that: (a) even if the instant motor vehicle was delivered without any experience in vehicle siren business and without any intent or ability to pay the Plaintiff a profit or installment; (b) the crime was committed with the intent of deceiving the Plaintiff to make a profit in property amounting to KRW 38 million; and (c) the criminal trial was committed for multiple fraud crimes and violation of the Act on the Control of Narcotics, Etc.

Seoul Western District Court 2015 Godan221, .