1. The part against the plaintiff (Counterclaim defendant) among the part against the counterclaim of the judgment of the court of first instance shall be revoked, and the revoked part shall be revoked.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On May 26, 2014, the Plaintiff entered into an entrustment contract for trucking trucks of “B” (hereinafter referred to as the “instant vehicle”) by determining the management expenses as KRW 200,000 per month (excluding value-added tax) from May 26, 2014 to May 25, 2016, and entered the instant vehicle into the sales contract with the Plaintiff.

B. On December 2, 2015, the Plaintiff subscribed the instant vehicle to the Cargo Liability Mutual Aid Association operated by the Defendant Korea Freight Trucking Association (hereinafter “Defendant Federation”) (hereinafter “Defendant Federation”) with the limit of KRW 100 million from December 2, 2015 to July 13, 2016.

C. Article 30 of the Terms and Conditions of the Mutual Aid Agreement for Cargo Liability of the Defendant Federation (hereinafter “instant Terms and Conditions”) provides for the damages to be compensated as follows.

Article 30 (Compensation for Loss) The Mutual Aid Association shall compensate for any loss sustained by a member of the Mutual Aid Association in accordance with the terms and conditions of this Agreement by bearing legal liability for the entrusted cargo due to an accident during the period of carriage of the cargo entrusted for the purpose of carriage (hereinafter referred to as "outgoing cargo") as stated in the mutual Aid Policy (hereinafter referred to as "outgoing period") within the Republic of Korea on the Mutual Aid Policy, as a result of an accident.

1. Statutory damages paid by members to victims within the limit of the value of entrusted cargo (hereinafter referred to as "liability omitted");

D. On February 29, 2016, Defendant Geum River Transport Co., Ltd. (hereinafter “Defendant Geum River”) entered into a transportation service contract necessary for the acquisition, transportation, delivery, etc. of the Empi petroleum products with the Empio Co., Ltd. (hereinafter “Empiu”)

E. On May 20, 2016, the Plaintiff accepted 32,000 liters via the oil station in Youngcheon Oil Station (hereinafter “instant oil”) around 11:13,00, and is on the tank glass of the instant vehicle.