1. Of the judgment of the court of first instance, the part against the defendant is modified as follows.

The plaintiff's primary claim.

1. Basic facts

A. The Defendant is a company importing and selling Memerass vehicles, and B is a business employee who has been engaged in automobile sales by holding the Defendant’s office as the head of the business division in the Busan metropolitan market after concluding a contract on entrustment of automobile sales with the Defendant.

B. On September 1, 2014, through B, the Plaintiff entered into an automobile sale agreement with the Defendant to purchase at KRW 56,500,000 of the sales amount (hereinafter “instant vehicle”).

C. The Plaintiff paid KRW 1,00,000 in cash to B on the day of the contract pursuant to the instant sales contract, and B transferred the said KRW 1,000,000 to the Defendant in the name of the Plaintiff on September 3, 2014.

On October 15, 2014, the Plaintiff transferred KRW 59,500,000 to B, not the Defendant’s account, the remainder of the instant vehicle and the registration fee (hereinafter “the remainder of the instant vehicle, etc.”) to B, not the Defendant’s account, and B used the said money transferred from the Plaintiff for personal use.

E. The Plaintiff filed a criminal complaint against B on the grounds that B embezzled the instant sales price, and on March 19, 2015, the amount of KRW 10,000,000 was paid from B until April 20, 2015, and received criminal conciliation, and revoked the criminal complaint.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 4 (including paper numbers), Gap evidence Nos. 12, 13, Eul evidence Nos. 1 and 5, and the purport of the whole pleadings

2. Determination as to the primary claim (a sales contract cancellation and a claim for restitution)

A. The Plaintiff’s assertion No. B is the Defendant’s business employee who is a partial comprehensive agent or an employee of a shop selling goods under the Commercial Act, and thus is a person with the authority to conclude a contract for the purchase and sale of a vehicle, the authority to receive the price, and the authority

The Plaintiff entered into the instant sales contract with the Defendant through B in the above position and entered into the instant sales contract to B.