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1. Of the judgment of the first instance, the part against the Plaintiff (Counterclaim Defendant) corresponding to the following amount ordered to be paid.
Reasons
1. Basic facts
A. 1) The defendant is a person running a used vehicle trading business in the name of "D (former E prior to the change of trade name)" in two weeks, and F is a person running a used vehicle trading business with the defendant's husband with the defendant's husband. 2) The plaintiff is a person who purchased a used vehicle from D from F and the defendant, and the plaintiff and F are a shesheshesheshesheshesheshesheshe is between shesheshesheshesheshesheshesheshe
B. On July 22, 2013, GN was changed to G on July 22, 2013. Used cars of 2010 (hereinafter “instant vehicle”).
(2) On September 30, 2009, after the new registration was made under the name of "the same mother company," "Seoul Food Co., Ltd.," and on August 25, 2010, the registration was made under the name of "H" on February 22, 2013. 2) The J operating I purchased the instant vehicle damaged by an accident from the ar and then borrowed the name of "H", which is a senior motor vehicle dealer, and completed the transfer registration procedure on February 22, 2013, and accepted the instant vehicle in exchange for the back portion of the instant vehicle with another body. On October 2013, 2013, the J purchasing and selling the instant vehicle at the request of M, who is a motor vehicle maintenance business operator, was delivered the said vehicle.
3) On October 12, 2013, the Defendant and F remitted KRW 17,500,000 from the Defendant’s account to M’s account in the name of M, and M remitted KRW 16,00,000 to J on the same day, and the Defendant and F received the instant vehicle at around that time. Since then, the J transferred KRW 15,00,000 to K on October 31, 2013. (4) The Plaintiff intended to purchase the instant vehicle at KRW 19,00,000,000 as the down payment, while paying KRW 10,000,000 to the Defendant and F as the down payment, and purchased the instant vehicle as an insured vehicle.
5 H, the nominal owner of the instant vehicle, L on November 11, 2013, refers to D to arranging the sale and purchase of the instant vehicle.