1. Defendants 1 and 37.5 million won are jointly and severally liable to the Plaintiff, Defendant 2, and Defendant 2, and jointly and severally liable to the Plaintiff.

1. Basic facts

A. On May 18, 2017, the Plaintiff sought an explanation from Defendant 2 on the vehicle condition, etc., of the vehicle sales by the Defendant Embling MMcar (hereinafter “Defendant Company”) that sold used cars, and decided to purchase the vehicle from Defendant Company for KRW 33,500,000,000 from Defendant Company, and transferred KRW 33,50,000,000 to Defendant C’s account in accordance with Defendant B’s order.

B. After the Plaintiff received delivery of the instant vehicle, the Plaintiff inspected and repaired the repair cost of KRW 4 million, and the engine was destroyed and thus making it impossible to operate the instant vehicle.

C. On June 12, 2017, the Plaintiff sent notice to Defendant B by content-certified mail that the Plaintiff returned KRW 4 million, including vehicle prices and repair expenses, as the sales contract was rescinded due to the engine damage.

[Ground of recognition] Unsatisfy, Gap's 1, Gap's 3, 4, 7, and 8's statements, the purport of the whole pleadings

2. According to the facts seen above, the sales contract between the Plaintiff and the Defendant Company is deemed to have been rescinded upon the arrival of the Defendant Company or the Defendant B by mail proving the termination of the contract and the return of the purchase price, etc.

Therefore, Defendant Company is obligated to pay back to its original state the purchase price of KRW 33.5 million and the costs of KRW 4 million paid by the Plaintiff as repair, etc. as the employer of Defendant B, and Defendant B is jointly and severally liable to pay to the Plaintiff KRW 37.5 million and the damages for delay at the rate of KRW 15% per annum from March 9, 2018 to the date of full payment, which is the day following the delivery of a copy of the complaint of this case.

3. The Plaintiff asserted that Defendant C is liable for damages as joint tortfeasor, since he aided Defendant B’s tort by allowing Defendant C, a third party, to use his name account, and aiding and abetting Defendant B’s tort.

Defendant C.