1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

1. The defendant is a person who operates a motor vehicle repair business and a secondhand seller with the trade name of B.

On July 2017, the Plaintiff proposed to purchase the D’s Purposeed Motor Vehicle (hereinafter “instant Motor Vehicle”) from C, and transferred the purchase price of KRW 45,000,000 to the Defendant’s deposit account on July 12, 2017 at C’s request.

C issued the Defendant’s business registration certificate to the Plaintiff in the course of selling the above vehicle.

The instant vehicle is transferred to E on June 22, 2017, which was prior to the transfer of the Plaintiff’s above purchase price, and C does not transfer the instant vehicle to the Plaintiff even before the closing date of the argument in the instant case.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. Summary of the parties' arguments;

A. On the premise that C around the Plaintiff’s assertion is in a partnership with the Defendant, the instant vehicle sales contract between the Plaintiff and the Defendant became impossible to perform, and since the said sales contract was lawfully rescinded upon the Plaintiff’s declaration of termination of contract, the Defendant is obligated to pay to the Plaintiff the purchase price of KRW 45,00,000, and damages for delay from the day following the payment date thereof.

Preliminaryly, the defendant is liable to compensate the plaintiff for damages incurred to the plaintiff with respect to the execution of affairs by allowing C to use C's business registration or C's business registration. Under the premise that C's liability is the employer's liability pursuant to Article 756 of the Civil Act, the defendant is liable to pay the plaintiff the damages amounting to 45,000,000 won and damages

B. The defendant C did not have a trade relationship with the defendant or an employee relationship, and did not allow C to use the defendant's business registration certificate.

45,000,000 won remitted by the plaintiff as debt against the defendant C, so the plaintiff cannot respond to the plaintiff's claim.

3. Judgment submitted by the Plaintiff.