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1.The judgment of the first instance shall be modified as follows:
The Suwon District Court of the defendant's horizontal Housing Site for the plaintiff.
Reasons
1. Basic facts
A. From December 17, 2002 to 308 (hereinafter “instant business establishment”), the Plaintiff is a person who runs the used car transaction business with the trade name of “E” in the Nam-gu Incheon Metropolitan City Da-dong 308 (hereinafter “E business establishment”). The Defendant completed the transfer of ownership on May 13, 2005 Fenz EL 230 automobiles (hereinafter “instant car”).
B. In order to sell the instant car on August 5, 2005, the Defendant visited G in the instant place of business and delegated G with the authority to conclude a sales contract for the instant car and to receive the sales price, and delivered the instant car.
C. On August 10, 2005, G entered into a sales contract for the instant car on behalf of the Defendant with I, an agent of H (hereinafter “instant sales contract”), and KRW 1 million out of the sales price 20 million, as of the date of the contract, G paid the remainder KRW 19 million on August 16, 2005, respectively, and agreed to deliver the instant car simultaneously with the receipt of the remainder.
G received the down payment of KRW 1 million from I on August 10, 2005, and the remainder was paid as a substitute for installment loans and the small rental car owned by I, and delivered the instant car to I on the basis that the remainder was paid as a substitute.
E. However, G locked to the Defendant without delivering a siren to the Defendant, which was to receive a down payment of one million won and a payment in substitutes.
(6) On January 5, 2006, the Defendant filed a lawsuit against the Plaintiff seeking compensation for damages with the Suwon District Court Decision 2006Gaso356. The Plaintiff’s claim for compensation is that “the Plaintiff shall pay to the Defendant 20 million won and the amount equivalent to 20% per annum from the day after the copy of the instant complaint is served to the day of complete payment,” and “the cause of the claim” is that the Defendant shall pay to the Defendant 20 million won and the amount equivalent to 20% per annum from the day after the copy of the instant complaint is served.