1. Of the judgment of the first instance court, the part against the Plaintiff regarding the order to pay the following amount shall be revoked.

The defendant.

1. Basic facts

A. On November 4, 2013, the Plaintiff entered into a contract with the Defendant on the purchase price of KRW 20,000,000 of the KRW 19 ton of the instant truck (hereinafter “instant truck”) with the Defendant (hereinafter “instant sales contract”).

The main contents of the sales contract of this case are as follows.

1. Indication of the vehicle to be sold: Registration number C; and

2.In selling and buying the foregoing motor vehicle, Article 1 of the Terms and Conditions of the Contract, the following shall be paid:

The sales amount shall be paid at the time of a contract at the time of a contract for the one-day down payment of one million Won Won, and the remaining installments shall be written in the column of the special agreement, if the defendant purchased the vehicle as the installment and then transfers it to the plaintiff with the condition that the plaintiff did not pay it in full, the remaining installments shall be paid in the column of the special agreement.

Article 10 (Penalties) The seller of a penalty shall pay a double the down payment as a penalty, and the buyer shall waive the down payment as a penalty if he/she has placed the down payment.

On or before January 1, 2014 of the special agreement clauses, the defendant is responsible.

The plaintiff is responsible after January 1, 2014.

It is proved that the comprehensive acceptance is the contract.

B. After entering into the instant sales contract, the Plaintiff received the instant truck from the Defendant and engaged in the transportation business using the instant truck until October 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The plaintiff's assertion

A. At the time of the cancellation of the instant sales contract, which was made on the ground of deception, the Defendant entered into the instant sales contract with the Plaintiff, and ① the instant truck is a non-accidented vehicle, and ② the monthly sales amount is at least KRW 15 million if the instant truck is engaged in the transportation business after purchasing the instant truck. Here, the instant truck is net profits amounting to at least KRW 4.5 million per month, even if the cost, such as the oil train, are deducted.