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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On August 23, 2016, the Defendant purchased 35 million won a vehicle under Ethical Ethical Ethical E. C (registration on April 23, 2013, and 220,733 km) (hereinafter “instant vehicle”) and completed the transfer of ownership on the following day.
B. On February 17, 2017, the Plaintiff completed the ownership transfer registration for the instant vehicle, and on the same day, borrowed KRW 55 million from the Aap Capital Co., Ltd. (the name of the goods: the borrowed loan and the loan period: 60 months (hereinafter “the instant loan”) by taking the instant vehicle as security, and paid KRW 54,965,000 after deducting the fee, etc., and immediately transferred the full amount to the Defendant.
C. On March 14, 2017, the Plaintiff sold the instant vehicle at KRW 20 million, and paid in full 56,715,099, which is the full amount of the loan and related expenses, to Aju Capital Co., Ltd. on the same day.
[Ground for Recognition: Facts without dispute, Gap evidence Nos. 1, 2, 5, Eul evidence Nos. 1 and 2, purport of the whole pleadings]
2. The parties' assertion
A. The loan of this case was lent by the Defendant to the Plaintiff under the name of the Plaintiff and borrowed the loan. Since the problems of the Plaintiff’s personal loan arise thereafter, the Plaintiff was fully repaid the loan of this case with the amount of the loan of 20 million won and the difference between the loan and the sales amount of the vehicle was excessive in the process. Since the Defendant took a heavy interest, the Defendant is obliged to pay the Plaintiff the difference in compensation for damages amounting to KRW 36,715,09 (i.e., reimbursement amount of KRW 56,715,09 - KRW 20 million).
In addition, although the market price of the instant vehicle is at least KRW 20 million, the Defendant borrowed KRW 55 million in the name of the Plaintiff. Since this is an unfair transaction, the Defendant is obliged to pay the difference to the Plaintiff.
B. On February 17, 2017, Defendant only sold the instant vehicle to the Plaintiff at his own expense for KRW 55 million, and the Plaintiff did not deceiving the Plaintiff in the course of selling the vehicle.