The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

1. Basic facts

A. The Plaintiff is a company that engages in the processing, export and import, wholesale and retail business, etc. of electrical and electronic parts. The Defendant is a company that aims at selling and maintaining imported automobiles, and C is a Defendant’s business employee who was employed by the Defendant on July 1, 2009 and engaged in the sales business of automobiles.

B. On July 28, 2017, the Plaintiff drafted a sales contract (hereinafter “instant sales contract”) stating that the Plaintiff purchases one of the BMW vehicles (type X630d, hereinafter “instant vehicle”) from the Defendant for KRW 89,390,000, between the Defendant and C (hereinafter “instant vehicle”).

On the same day, the Plaintiff transferred KRW 89,390,000 to the account (one bank E) entered in the column for the “customer deposit account number” in the instant sales contract.

C. On August 24, 2017, the Plaintiff received the instant vehicle from the Defendant.

C around November 2017, upon entering into an installment financing contract with D Co., Ltd. (hereinafter referred to as “D”), requested the Plaintiff to enter into a installment financing contract to the effect that “A himself/herself would pay the said loan after three months, and pay the interest during the said period.”

Accordingly, on November 6, 2017, the Plaintiff entered into a installment financing contract with D with terms of loans of KRW 20 million, interest rate of KRW 7.9% per month, and period of KRW 36 months (hereinafter “instant installment financing contract”).

E. On November 6, 2017, the Defendant received KRW 20 million from D under the instant installment financing contract.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2, 5, 6, 9, 12, 15 (including branch numbers, hereinafter the same) and the purport of the whole pleadings

2. The Plaintiff is seeking damages equivalent to the amount of KRW 1,928,513 of the loan principal and the amount of unjust enrichment and loan interest, which are equivalent to KRW 20 million.

1) As to the claim for return of unjust enrichment, the Plaintiff purchased the instant vehicle from the Defendant through C.