1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

1. Summary of the plaintiff's assertion

A. On July 24, 2015, the Defendant, in collaboration with B and D, ordered the Plaintiff to seek a number plate that can receive a fuel subsidy if the Plaintiff pays KRW 34,00,000 in the value of the license plate for trucking transport business, thereby receiving KRW 34,00,000 from the Plaintiff, and granted the Plaintiff the number plate that was illegally increased, which could not receive a fuel subsidy.

Therefore, as a joint tortfeasor who deceivings the Plaintiff together with B and D, the Defendant is obligated to pay the Plaintiff the amount of KRW 34,172,770 (i.e., the amount of KRW 34,00,000 to be recovered 172,00) and damages for delay.

B. A claim for damages under contractual liability ① The Defendant was the party who entered into a sales contract for the number plate for the freight trucking services that can receive fuel subsidies with the Plaintiff, and was obligated to deliver the number plate for the freight trucking services that can receive fuel subsidies to the Plaintiff. However, the number plate that the Defendant issued to the Plaintiff was not the number plate for the freight trucking services as the number plate for the freight trucking vehicles illegally increased and was not the number plate for the freighting services, and the amount of fuel subsidies was not

Therefore, there was a defect in the number plate sold by the defendant to the plaintiff or the defendant's sale of the number plate.

Therefore, the defendant, in collaboration with B and D, has a duty to pay 34,172,770 won and damages for delay due to default or warranty liability to the plaintiff.

(2) Even if the defendant is not a party to a sales contract, the defendant is the broker who has arranged a serial sales contract, and bears the liability to guarantee performance under Article 99 of the Commercial Act.

2. Determination

A. The Plaintiff asserted that the Defendant, in collaboration with B and D, deceivings the Plaintiff, but the evidence submitted by the Plaintiff alone is insufficient.