The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

1. Basic facts

A. On April 2017, the Defendant concluded an entrustment contract with C 23.5 tons truck (hereinafter “instant vehicle”) by investing in kind in D (hereinafter “D”) with a limited partnership company (hereinafter “D”), and operated cargo transport business by installing a cargo loading device for transporting chips on the instant vehicle.

B. On March 19, 2018, the Defendant concluded a sales contract with the Plaintiff engaging in the waste transport business stating that “The Defendant sells the instant automobile to the Plaintiff on the condition that the Plaintiff acquires the secured debt of the right to collateral security established on the instant automobile without having received a separate purchase price.”

(hereinafter “instant sales contract”). C.

On March 19, 2018, the Plaintiff received the instant automobile from the Defendant, and the Defendant, on the same day, prepared and issued to the Plaintiff a confirmation letter stating that “The number plate of the instant automobile is the number of the truck business owned by the Defendant F, referring to the number plate of the truck owned by the Defendant.”

In addition, on March 20, 2018, the Plaintiff acquired the Defendant’s obligation to borrow KRW 161,336,807 against G, which is the secured obligation of the right to collateral security established on the instant automobile.

On March 22, 2018, the Defendant terminated an entrustment contract for the instant automobile with D. On March 2, 2018, upon reporting the use of a private-use truck under the Trucking Transport Business Act on March 27, 2018, transferred the registered name of the instant automobile from D to I, and the registration number of the instant automobile was changed to J through the said modified registration.

E. On April 2, 2018, the Plaintiff changed the structure of the instant vehicle’s goods loading device and changed the purpose of the use thereof.

F. On August 1, 2018, after the filing of the instant lawsuit, the Plaintiff moved the instant vehicle to K Co., Ltd. (hereinafter “K”) and registered as a business truck.