1. The Defendant shall pay to the Plaintiff KRW 31,00,000 and the interest rate of KRW 15% per annum from July 1, 2016 to the day of complete payment.

1. Basic facts

A. A. On January 2015, the Plaintiff became aware of the Defendant who operates a pen while going through a golf driving range.

B. On September 7, 2015, the Plaintiff transferred KRW 31,000,000 to the Defendant as the purchase price for vehicles (franchising).

On the same day, the defendant remitted 30,000,000 won to the defendant's male-friendly job offers C, and 30,000,000 won to D respectively.

C. D is prosecuted for the criminal facts of deceiving C and the Defendant to transfer the franchise vehicle to the Defendant to KRW 31,000,000, which the Plaintiff intended to purchase, and thereby, it is currently pending in the current criminal trial.

[Ground of Recognition] The non-contentious facts, Gap's statements in Gap's evidence 1 to 3, the KB National Bank in this Court, and the result of each reply to new bank, the purport of the whole pleadings

2. The parties' assertion

A. Upon hearing the statement that the Plaintiff may purchase a vehicle from the Defendant at a container, the Plaintiff paid KRW 31,00,000 to the Defendant for the purchase price of the vehicle, but the Defendant did not deliver the vehicle to the Plaintiff. The Plaintiff terminated the delegation contract through the delivery of the copy of the instant complaint, and sought the return of the purchase price of the said vehicle against the Defendant.

B. The defendant received KRW 31,00,000 from the plaintiff upon the plaintiff's request from the plaintiff to purchase the vehicle at a container via C, and the defendant introduced C and D to the plaintiff, and there is no fact that the defendant was entrusted with the delivery of the vehicle purchase price, and there was no delegation contract with the plaintiff concerning the purchase of the vehicle with the plaintiff.

3. The circumstances acknowledged by the overall purport of Gap evidence Nos. 4 through 8, Eul evidence No. 1 (including those with a serial number), and the entire pleadings, namely, the plaintiff, even if he remitted the purchase price of a vehicle to the defendant, did not contact the defendant with C and D before he remitted the purchase price of a vehicle to the defendant by the reasonable period of time.