Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

(a) [Attachment 1] On the motor vehicles listed in the list, December 16, 2019

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. The Plaintiff, in 2003, was the Defendant (the Defendant’s trade name at the time was C) who is engaged in transportation business, etc. from the Nonparty in the name of Nonparty in the name of the Plaintiff.

On May 23, 2003, according to the above consignment management contract under Article 40(1) of the Trucking Transport Business Act entered into with B, a trade name as of December 15, 2003, the Defendant purchased the automobiles listed in the [Attachment 1] list (hereinafter “instant automobiles”) (hereinafter “instant automobiles”).

B. On November 27, 2003, the Plaintiff reverted the ownership of the instant motor vehicle to the Defendant, and the Plaintiff, using the instant motor vehicle from the Defendant, entered into the consignment management contract with the Defendant, under which the Defendant was entrusted with transportation business, such as livestock products and processed products produced and sold by the non-party company (hereinafter “non-party company”) pursuant to the logistics transport contract with D (hereinafter “non-party company”) and was paid transportation charges, and the Plaintiff is obliged to pay the commission to the Defendant (hereinafter “the instant contract”).

(c)

Meanwhile, in August 2019, the Plaintiff participated in the strike of the above entrusted borrower who was entrusted with the cargo transport business as the Plaintiff by another company that entered into a logistics transport contract with the non-party company. At that time, the Plaintiff, despite the Defendant’s request, was partially engaged in the cargo transport business of the non-party company. From November 2019, the Defendant did not perform the cargo transport business of the non-party company from November 201.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, Gap evidence Nos. 3, Eul evidence Nos. 1 and 1, and the purport of the whole pleadings

2. Determination on the main claim

A. As to the defense prior to the merits of the lawsuit, the Defendant’s assertion 1) The Plaintiff, as the principal lawsuit, terminated the contract of this case through the duplicate of the complaint of this case, and implement the procedure for the registration of transfer of ownership based on the termination of the contract of this case as above.