1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. Facts of recognition;

A. The Plaintiff is a legal entity established for the purpose of trucking transport business, etc., and the Plaintiff’s actual manager is C, and D, the former representative director of the Plaintiff’s registry, is C’s ancillary, and E, the present representative director, is C’s wife

B. On October 5, 2012, the Defendant was employed as a driver directly operated by the Plaintiff. On January 3, 2013, the Defendant purchased from C the F 4.5 tons of a vehicle owned by the Plaintiff (hereinafter “instant vehicle”) in the amount of KRW 32,00,00,000, and paid the full amount of the purchase price to C by obtaining a vehicle installment loan from the Defendant in the name of the Defendant from the Korea Capital Capital Co., Ltd., and at the time, E guaranteed the Defendant’s obligation to pay the vehicle installment.

C. On January 8, 2013, when the instant vehicle is still registered under the name of the Plaintiff, the Plaintiff and the Defendant made an investment in kind to the Plaintiff, and the Plaintiff entered into a cargo transport operation entrustment contract (hereinafter “instant land transfer contract”) under which the Plaintiff entrusted the Defendant with the right to operate and manage the instant vehicle’s cargo transport business, and the Defendant agreed to pay KRW 160,000 to the Plaintiff monthly payment. On the same day, the Plaintiff arranged the transport to the Defendant and arranged the account books and money on behalf of the Plaintiff, and the Defendant paid KRW 200,000 per month to the Plaintiff, and the Plaintiff paid KRW 20,000 per month to the Plaintiff from the total sales, and the Plaintiff entered into a logistics delivery contract under which the Plaintiff deducted the automobile rent, repair cost, insurance premium, vehicle installment and management fee from the total sales, and all of the vehicles and rights if violated the contract.

The Defendant, while engaging in cargo transportation services according to the instant land entry agreement, was hospitalized due to the lack of health around June 2013 while running the instant vehicle, and was at the place of payment only for the installment of the instant vehicle, and the Defendant and C assigned the instant vehicle to another article on behalf of the Defendant during the instant land entry agreement.