1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Defendant is a person who sells used cars under the trade name “E” in Suwon-si, Suwon-si, Suwon-si C and D, and F is a person who served as an employee of the Defendant’s sales company from September 2017.

B. On September 19, 2018, G, a used vehicle dealer, completed a transfer registration (for goods) in its name with respect to HH A6-car (the date of the initial registration; hereinafter “instant vehicle”) using a place of origin under the authority I and J, free of charge in Suwon City.

C. Around October 8, 2018, F prepared a certificate of motor vehicle transfer (for motor vehicle dealer transaction) stating the transferor as F, G, transferee as Plaintiff, and the purchase price as KRW 24,900,000 on the instant motor vehicle, and signed and sealed the Defendant’s name and official seal on the motor vehicle transaction column.

On October 8, 2018, the Plaintiff applied for a loan of KRW 29,500,000 to K with respect to the instant automobile (hereinafter “instant loan agreement”), and F deposited KRW 29,50,000 in the Defendant account on October 8, 2018.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1-5, the purport of the whole pleadings

2. Grounds for the claim;

A. The Defendant, while selling the instant vehicle to the Plaintiff, did not complete the Plaintiff’s registration of transfer of ownership and obligation to deliver the instant vehicle. Therefore, the Defendant cancelled the automobile sales contract and claimed damages equivalent to KRW 880,398, including the refund of the purchase price of KRW 29,50,000 and the interest on the loans.

B. Even if the Defendant is not the seller of the instant vehicle, the Defendant is liable to compensate the Plaintiff for damages incurred by F, an employee, to the Plaintiff in connection with the Defendant’s business.

3. Determination on the cause of the claim

A. As to whether the Defendant is a seller of the instant motor vehicle, the seller of the instant motor vehicle and the seller of the instant motor vehicle are not only the sale of the motor vehicle but also the act of mediating the sale and purchase of the motor vehicle.