1. The plaintiff's claim against the defendants is dismissed.

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

1. Basic facts

A. On June 13, 2014, the Plaintiff purchased a vehicle A84.0 vehicle A84.0 (hereinafter “existing vehicle”) which is gasoline vehicles through Defendant B, an employee of the Defendant Thomter Co., Ltd. (hereinafter “Defendant Thom”) (hereinafter “Defendant Thom”).

B. After that, around September 2015, Defendant B solicited the Plaintiff to purchase a new diesel vehicle, and on October 20, 2015, the Plaintiff purchased an ice L4.1 (D; hereinafter “new vehicle”).

C. Meanwhile, the Plaintiff delivered the existing vehicle to Defendant B around October 2015 in order to have another person succeed to the existing vehicle lease agreement through Defendant B, but Defendant B did not succeed to the existing vehicle lease agreement.

After that, around February 2016, the Plaintiff recovered the existing vehicle from Defendant B and transferred the new vehicle to Defendant B in order to have the other party succeed to the lease agreement of the new vehicle at this time, but Defendant B was also unable to succeed to the lease agreement of the new vehicle.

As the Plaintiff was unable to pay the rent for a new vehicle, the new vehicle was disposed of by public auction around August 2016, and as a result, the Plaintiff’s debt to the leased company due to the new vehicle lease contract remains 37,385,516.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 7, 10 through 13 (including paper numbers), witness E’s testimony, Defendant B’s personal examination result, the purport of the whole pleadings

2. Determination

A. The Plaintiff’s assertion that at the time of purchasing a new vehicle, Defendant B stated that the rent of the new vehicle is the same as that of the existing vehicle, and that he promised to succeed to the lease contract of the existing vehicle to another person, and on this condition, the Plaintiff purchased a new vehicle.

However, Defendant B could not sell the existing vehicle to others against this agreement, and the lease fee of new vehicles is different from Defendant B’s explanation.