1. The plaintiff's primary and conjunctive claims are all dismissed.

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

Basic Facts

On April 24, 2012, the Plaintiff entered into a motor vehicle sales contract with Defendant Hyundai Motor Co., Ltd. (hereinafter “Defendant Hyundai Motor”) to purchase KRW 105,562,00 (hereinafter “instant motor vehicle”) at KRW 105,562,00, and paid the down payment to Defendant Hyundai Motor on the same day.

On May 4, 2012, the Plaintiff entered into a loan agreement with Defendant Hyundai branch Co., Ltd. (hereinafter “Defendant Hyundai branch”) by setting the principal amount of KRW 94.7 million, the loan period of KRW 69 months, and the interest interest rate of KRW 24% per annum. The Defendant Hyundai branch paid KRW 94.7 million to the Defendant Hyundai Motor on the same day according to the above loan agreement.

On May 4, 2012, the registration of transfer of ownership was completed in the name of the Postal Service Co., Ltd., and on the 13th of the same month, the transfer of ownership was completed in the name of C, a director in the company of the Plaintiff.

[Ground of recognition] The facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 1, and the main cause of claim as to the whole argument, and the cause of claim as a whole. ① Loan agreement between the plaintiff and the defendant Hyundai Motor is null and void since the defendant Hyundai Motor was concluded by arbitrarily taking advantage of the name of the plaintiff. Thus, there is no obligation based on the loan agreement between the plaintiff and the defendant Hyundai Motor, and ② the defendant Hyundai Motor did not perform its duty to deliver the motor vehicle in accordance with the above automobile sales contract, and the plaintiff cancelled the above automobile sales contract by delivering the copy of the complaint of this case on the ground of default. Thus, the defendant Hyundai Motor is obligated to pay to the plaintiff the down payment amount of one million won and the delay damages.

If the loan agreement between the plaintiff and the defendant are valid as preliminary cause of the preliminary claim, the defendant Hyundai Motor is valid.