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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. From February 3, 2014 to the same year, Nonparty B (this title C) who is an automobile with which Nonparty D Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) affiliated with the Plaintiff’s claim for the trading of used cars (hereinafter “Nonindicted Co., Ltd”).
6. Between 13 and 13, between the Plaintiff, the Plaintiff issued the automobile transfer certificate to the Plaintiff and lent the Plaintiff KRW 70 million in total to B trust and trust it. The Plaintiff loaned money to the company to purchase the vehicle under the name of the non-party company. The Plaintiff would be repaid upon lending money. The Plaintiff would have to transfer the vehicle owned by the company and the vehicle owned by it by payment in lieu of the above borrowed money, and would have to prepare the automobile transfer certificate.
However, in fact, B did not have the ability to repay or transfer an automobile by payment in kind even if it borrowed money from the plaintiff.
As such, since B, who is an employee of the non-party company, deceivings the plaintiff and defrauds the plaintiff KRW 70 million, the non-party company is liable for compensating the plaintiff for the damages caused by the above illegal acts in B as an employer.
However, the non-party company is insolvent on August 7, 2014 and the same month.
8. In order to harm the plaintiff as the creditor, the non-party company entered into a sales contract to sell each of the vehicles listed in the annexed Forms (1) and (2) owned by the non-party company and the defendant, and transferred its ownership to the defendant. The above sales contract entered into between the non-party company and the defendant shall be revoked within the limit of KRW 70 million, which is the plaintiff's claim amount, as a fraudulent act, and the defendant is obligated to pay to the plaintiff KRW 70 million and delay damages.
2. In full view of the overall purport of the arguments in each statement in Gap evidence Nos. 1, 3, 4, 7, 10, and 11 (including paper numbers), the facts that Eul is a motor vehicle with the non-party company affiliated with the non-party company, Eul's vehicle registration number D and E on June 15, 2014.