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

Purport of claim and appeal

The first instance court.

A. On March 7, 2013, the Plaintiff was awarded a contract for transportation services for the items to be transported in the He-Veae-Subject-matter of the LNG power plant He-Sae-Sae-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa

B. As to the transport contract under the preceding paragraph on the same day, the Plaintiff entered into a subcontract for the transport service (hereinafter “the transport contract of this case”) with the Defendant at the cost of 213,000,000 won (excluding value-added tax), and thereafter, the Defendant completed the transport service in accordance with the transport service contract of this case.

C. On May 30, 2013, Jinjin Shipping paid KRW 279,40,000 to the Plaintiff as transportation expenses (including value-added tax). The Plaintiff paid KRW 130,900,000 to the Defendant on May 31, 2013 as transportation expenses (including value-added tax) under the instant transport contract, and KRW 103,40,000 to the Defendant on July 2, 2013.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Gap evidence 7-1 to 3, Gap evidence 8-1 and 2, the purport of the whole pleadings

2. The plaintiff asserts that the defendant demanded additional costs even though he paid all the transport charges agreed in the transport contract of this case to the defendant, and asserts that there is no obligation to pay the equipment cost of KRW 5,000,000 in relation to the transport contract of this case against the defendant.

As to this, the defendant asserts that the plaintiff agreed to pay the cost of using the equipment, such as paint, in addition to the transportation charge under the contract of carriage, and that the tax invoice was issued accordingly.

3. Determination

A. In a lawsuit seeking confirmation of the existence of an obligation, if the plaintiff, who is the debtor, claims specified first to deny the fact that the cause of the obligation occurred, the defendant, the creditor, bears the burden of proving the facts that the legal relationship exists.

(See Supreme Court Decision 97Da45259 delivered on March 13, 1998, etc.). B.

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