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

Purport of claim and appeal

The first instance court.

A. On October 2, 2014, the Plaintiff, B, and C entered into an agreement with the Defendant to transport soil and sand discharged from the Defendant’s construction site (hereinafter “instant agreement”) with the E D dump truck vehicles in the Plaintiff’s name and F dump truck vehicles owned by C.

B. On October 2, 2014, the Plaintiff and B received KRW 5 million from the Defendant on the condition that they provide transport services under the instant agreement, and C also received KRW 5 million from the Defendant on October 28, 2014 under the said condition, and each advance payment agreed to be deducted from the transport cost each month.

C. From October 2014 to January 2015, the Defendant remitted a total of 36,273,142 won, including the total amount of KRW 15 million advance payment, to the account of community credit cooperatives (Account Number: G) in the above D name.

[Ground of recognition] Facts without dispute, Gap evidence 1, 5 and Eul evidence 1, 5 through 8 (including each base number), the purport of the whole pleadings

2. The parties' assertion

A. The Defendant is obligated to pay the Plaintiff the sum of the value-added tax paid by the Plaintiff on its behalf and the unpaid transport service cost of KRW 5,851,53,120 (the sum of KRW 894,00, value-added tax of KRW 984,770 on November, and value-added tax of KRW 804,770 on December, and value-added tax of KRW 804,350 on January, 2015) and KRW 3,168,411 (the sum of the total transport cost of KRW 5,447,200, less KRW 2,278,789 on the aggregate of the total transport cost of KRW 5,851,531 (the sum of the value-added tax paid by the Plaintiff on behalf of the Plaintiff and the unpaid transport service cost of KRW 2,683,120 on KRW 3,168,411).

B. At the time of the instant agreement, the Defendant agreed to settle the transport cost related to the transport of soil and sand by the Plaintiff, B, and C, if the Defendant deposited the total amount to three persons with the above community credit cooperative account, the Plaintiff side agreed to settle the transport cost internally.

Accordingly, the defendant shall be the remainder after deducting the amount to be deducted from the transportation cost (including value-added tax) for three persons including the plaintiff.