1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. On March 2016, the Plaintiff and the Defendant exchanged BMW Oral Ba and YMAHA owned by the Defendant, respectively.

In fact at the time of exchange as above, the market price of Oral Ba owned by the Plaintiff was KRW 18.5 million, and the market price of Oral Ba owned by the Defendant was KRW 11.5 million, and the difference was KRW 7.5 million (i.e., KRW 18.8.5 million - KRW 11 million). However, the Defendant stated that the market price of Oral Ba owned by the Plaintiff was KRW 17.5 million and the market price of Oral Ba owned by the Defendant was KRW 13.5 million, and that the difference was KRW 4 million (i.e., KRW 17.7.5 million - KRW 13.5 million). The Plaintiff received KRW 4 million from the Defendant and exchanged Oral Ba as above.

Therefore, the Defendant is obligated to pay the Plaintiff KRW 3.5 million (i.e., KRW 7.5 million - KRW 4 million) with compensation for damages caused by the tort.

2. The evidence presented by the Plaintiff alone is insufficient to recognize that the Defendant deceivings the Plaintiff as alleged by the Plaintiff, and there is no other evidence to acknowledge this otherwise.

Therefore, the plaintiff's claim of this case is dismissed as it is without merit. Since the judgment of the court of first instance is unfair with different conclusions, the defendant's appeal is accepted, and the judgment of the court of first instance is revoked and the plaintiff's claim is dismissed.