1. The part against Defendant B in the judgment of the first instance is modified as follows:

The selectives added at the trial.

1. Basic facts

A. The Plaintiff is a person engaged in the used car trading business with the trade name “F” in Gangseo-gu Seoul Metropolitan Government E, and Defendant B was a person who was working for the used car in the above “F.”

B. On October 23, 2013, the Plaintiff purchased one motor vehicle from GJ X3.0D (hereinafter “instant motor vehicle”) and completed the ownership transfer registration in the name of the Plaintiff, and entrusted Defendant B with the sale of the instant motor vehicle.

C. However, on April 3, 2014, Defendant B, with the help of Co-Defendant D of the first instance trial, who served in the F as accounting, completed the ownership transfer registration in the name of Defendant C, one’s own household, and on the same day, took out a loan of KRW 45 million from Defendant C in the name of Defendant C, thereby establishing a collateral security right with the claim value of KRW 22.5 million.

Since then, the Plaintiff, who became aware of such fact, demanded the restoration to Defendant B, Defendant B again completed the registration of transfer of the instant automobile on August 26, 2014 in the future of the Plaintiff. Around October of the same year, Defendant B received a loan of KRW 20 million from the lender and delivered the instant automobile to the lender.

E. On January 5, 2015, the Plaintiff claimed damages against Defendant B, and Defendant B, on the part of the Plaintiff, prepared and provided that “The Plaintiff would repay KRW 63 million with respect to the instant vehicle until January 7, 2015” (Evidence A No. 1; hereinafter “the instant person”).

F. Meanwhile, Defendant B was indicted of embezzlement of vehicles and money from several victims, including the Plaintiff, and was sentenced to a judgment of two years and six months of imprisonment for embezzlement and fraud at the Seoul Southern District Court on January 13, 2016, and thereafter, filed an appeal after which the appeal was later and currently pending the appeal court (Seoul Southern District Court 2016No87).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Gap evidence Nos. 7, 9, and 10, and the purport of whole pleadings.