1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. B, even though the Defendant had not obtained the consent from the Defendant to purchase the vehicle under its name, on October 19, 2012, had C purchase the vehicle under the Defendant’s name on behalf of the Defendant, and asked C to allow the Plaintiff to receive installment financing, and issued the Defendant’s certificate of personal seal impression, resident registration certificate, etc. to C.

B. On October 19, 2012, C, upon B’s request, entered into a vehicle purchase contract and an application for the discount of modern capital vehicles with the vehicle purchase contract of the said vehicle, entered “A, resident registration number D, and address-to-si E” in the customer information column as “A, resident registration number D, and address-to-be in Busan City,” and submitted to the above agency F with no knowledge that the said document was forged after attaching a certificate of personal seal impression and resident registration certificate issued from B.

C. Based on the above application on the same day, the Plaintiff paid KRW 34,460,000 for the value of the vehicle to Abandoned Automobile Co., Ltd., and paid KRW 3,445,00 for other expenses.

B was sentenced to imprisonment for four months from the Seoul Western District Court on November 11, 2014 due to the crime of fraud, including the above A, B, and C, the crime of forging private documents, and the crime of uttering of falsified documents. The above judgment became final and conclusive around that time.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. The plaintiff alleged that he was the defendant after receiving the application for the loan under the name of the defendant, and confirmed the fact of his confirmation and the application for the loan. Thus, the plaintiff entered into the loan contract of this case with the defendant.

Even according to the defendant's assertion, B received the defendant's certificate of personal seal impression and received the basic power of attorney to conclude a contract for goods supply. At the time of the loan contract of this case, the plaintiff has the defendant's certificate of personal seal impression, certificate of personal seal impression, and copy of identification card.