Defendant C is calculated by the ratio of KRW 68,500,000 to 12% per annum from July 6, 2019 to the day of full payment.

1. Basic facts

A. Defendant C was actually operating D with the main business of arranging the trade of cargo vehicles, and Defendant C was the representative director on the registry of D.

On September 7, 2018, Defendant C purchased E (Change to F after Purchase) Cargo Vehicles (hereinafter “instant Cargo Vehicles”) (hereinafter “instant Cargo”), which are used as a medium-sized vehicle, and was loaned KRW 65 million from G to Defendant B as collateral for the debtor.

At the time, Defendant C requested Defendant B to obtain a loan to purchase a valuable vehicle. B, however, due to the credit, the representative Party B had the credit, and Defendant C asked Defendant C to obtain a loan under the name of the representative Party B, and accepted the request by Defendant C at least once.

B. On September 10, 2018, the Plaintiff: (a) sought an explanation from Defendant C to H in the place where the Defendants met, that “it is able to receive KRW 900,000,000 per month from Defendant C if the Plaintiff operated two times a day from Pyeong to P in the city of harmony; (b) if 11 ton of cargo vehicles are paid in the amount of KRW 83,50,000,000,000 from the beginning of October, 2018; and (c) remitted the amount of KRW 3 million as the down payment on September 11, 2018; and (d) from September 13, 2018 to September 15, 2018 to the account in the name of I designated by Defendant C, respectively.

C. On September 15, 2018, the Plaintiff entered into an automobile management right transfer agreement (hereinafter “instant transfer agreement”) with Defendant C to the effect that “the instant cargo vehicle shall be KRW 83.5 million, but the down payment shall be KRW 3 million on September 10, 2018, and the intermediate payment KRW 12 million on September 13, 2018, and the remainder payment shall be paid by September 13, 2018, and KRW 68.5 million shall be paid by September 28, 2018.”

However, at the time, Defendant C did not inform the Plaintiff of the fact that the instant cargo vehicle was loaned under Defendant B as collateral.

On September 18, 2018 and September 19, 2018, the Plaintiff paid the remainder of KRW 68.5 million to Defendant C by means of remitting it to the account in the said I’s name. Around that time, the Plaintiff thereafter becomes the Defendant C.