1. Defendant B shall pay to the Plaintiff KRW 118,796,07 and the interest rate of KRW 15% per annum from December 16, 2016 to the date of full payment.

1. Basic facts

A. On November 20, 2014, the Plaintiff purchased D 25 tons of truck (hereinafter “instant truck”) with 159,390,000 won as KRW 71 month’s (monthly 2,661,087) and entered the said truck into E Company and completed the registration of the truck as owned by E Company, and the Plaintiff completed the registration of the truck transport business with the trade name “F.”

B. On March 12, 2016, upon Defendant B’s request, the Plaintiff issued the Plaintiff’s certificate of personal seal impression to change the name of the business operator of the above cargo transport business in the name of the Plaintiff to the name of the Defendant B, upon allowing Defendant B to provide cargo transport services using the instant vehicle on the condition that Defendant B pay the installments of the instant vehicle on behalf of the Plaintiff.

C. On March 14, 2016, Defendant B, without the Plaintiff’s permission, borrowed KRW 30,000,000 to Defendant C as collateral for the instant truck, and if Defendant C fails to pay the said amount by April 13, 2016, Defendant B entered into a sales contract to sell the instant truck to Defendant C for KRW 27,00,000,00, and delivered the instant truck to Defendant C. In accordance with Defendant B’s instructions, Defendant C wired the amount of KRW 27,00,000 to the account in the name of the Plaintiff.

As of April 1, 2016, loans of the Cargo of this case are KRW 118,796,07.

E. The owner in the register of the instant cargo vehicle is Co., Ltd. E.

[Ground of recognition] Facts without dispute, Gap 1 through 5 evidence, Gap 7-3, Eul 1-1, the purport of the whole pleadings

2. According to the above facts of recognition as to the claim against Defendant B, Defendant B had no intention or ability to engage in the cargo transport business using the instant cargo vehicle, and acquired it by deceiving the Plaintiff, thereby deceiving the Plaintiff, and thereby taking it over. As such, Defendant B was entitled to compensate for damages arising from the tort, and the Plaintiff sought against the Plaintiff as to the instant cargo vehicle’s loan KRW 118,796,077 and this.