1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Basic facts

A. The plaintiff is a person who sells used cars under the trade name of "C", and the defendant is a travel company.

B. On April 25, 2017, the day after the Defendant’s representative put the instant vehicle into an online site (F) for the purpose of purchasing KRW 64,30,000 by phone call to E. However, in order to receive the refund of the vehicle registration tax, the instant vehicle is planned to be sent out overseas, and 38,000,000 won out of KRW 51,000,000 should be temporarily prepared in order to receive the refund of the vehicle registration tax, and 38,000,000 won out of the amount of KRW 51,00,000,000 to the Defendant’s account in the name of the Defendant, and the remaining KRW 13,00,000,000,000 to the E account to be transferred to the E personal account.

C. Meanwhile, on April 25, 2017, the Plaintiff’s employee: (a) was G, who was engaged in credit business; (b) was asked by his/her customer about how much he/she would sell the instant vehicle.

Plaintiff

The side presented 51 million won on the purchase, and G sold the vehicle to the customer at its own price. However, if the plaintiff deposits the vehicle to the customer, G transferred the price to the customer by the repayment of the borrowed money to him/her, and if so, he/she borrowed the money to the customer immediately, and the seller of the instant vehicle requested that the seller of the instant vehicle use the best example to face with his/her own important customer and her speech.

On April 26, 2017, H met with E for the sale of the instant vehicle by the Plaintiff’s employee. E considered H as the sender of G, and written a written certificate of vehicle transfer (No. 6; hereinafter “instant contract”).

At the time of the contract, the plaintiff purchased the automobile of this case owned by the defendant with the price of KRW 51 million on the same day.