1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Judgment on the plaintiff's assertion

A. The Plaintiff’s assertion concluded a sales contract with the Defendant by setting the sales amount of KRW 59 million with respect to C 11.5 tons truck, and the Defendant sold the above truck to a third party, thereby making it impossible for the Defendant to deliver the above truck. As such, the Plaintiff decided to purchase D treatment 11.5 tons truck (hereinafter “instant truck”) in lieu of the above truck at KRW 59 million.

However, in collusion with E, F, G, etc., the Defendant: (a) by deceiving the Plaintiff to arrange jobs although the Defendant did not have an ability or intent to arrange jobs; and (b) sold the instant vehicle, which is merely 39 million won, to KRW 59 million including job costs, etc.

Therefore, since the Plaintiff revoked the above sales contract on the ground of mistake, the Defendant is obligated to refund to the Plaintiff KRW 20 million, excluding KRW 39 million, the actual purchase price of the instant vehicle, out of KRW 59 million, and delay damages therefrom.

B. The evidence presented by the Plaintiff alone was insufficient to conclude the instant sales contract by deceiving the Plaintiff.

In addition, there is no evidence to acknowledge that the Plaintiff entered into the instant sales contract due to mistake, and there is no other evidence to acknowledge it.

Therefore, the plaintiff's above assertion is without merit to further examine.

2. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.