1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On January 25, 2013, the Plaintiff and the Defendant entered into an entrustment management contract on the instant vehicle with Benz 7.5 tons of freight (hereinafter “instant vehicle”). On the same day, the Defendant completed the owner registration of the instant vehicle.

(hereinafter referred to as “instant contract”). B.

The unit fee of the instant vehicle was KRW 132,200,000, and in this regard, the loan was implemented from the Character Capital Co., Ltd. under the Plaintiff’s name.

C. Around June 28, 2014, the Defendant sold the instant vehicle to C with the Plaintiff’s consent, and entered into a new consignment management contract with C on the instant vehicle. On June 17, 2014, the amount of the instant unit in the Plaintiff’s name was KRW 115,972,010, and the amount of the said unit in the Plaintiff’s name was paid in full by borrowing money from Hyundai Social Co., Ltd. in the Plaintiff’s name.

[Reasons for Recognition] Unsatisfy, Gap evidence 5-2, Eul evidence 2 and 7, and witness C's testimony

2. The assertion and judgment

A. The Plaintiff asserted that the Plaintiff sold the instant vehicle to C and did not pay KRW 25 million to the Plaintiff even though the Defendant sold the instant vehicle to C.

The Defendant asserted that the above KRW 25 million was not appropriated for the costs of the instant vehicle that the Defendant borne on behalf of the Plaintiff, as follows. According to the instant contract, the Plaintiff is also liable to the Plaintiff for the payment of KRW 2.5 million per month for the installment of the instant vehicle, KRW 2.5 million per month for the article article article article article article article article article article article article article article article article article article article article article article article article, and KRW 10 million per month for oil article article article article article article article article article article article article article article article article article article article article article article article article article article article article article article article article article article article article article article article article article article article article article article article article article article article article article article article article article article article article article article article article article article article article article article article article article article article article article article article article article article article article article article article article article article article article article article article article article article.