1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by each person;

1. Facts of recognition;

A. The Plaintiff is a land owner who entered into an entrustment contract with the non-party limited liability company D with respect to C Trucks (hereinafter “instant 1”).

B. Around January 2016, the Plaintiff entered into a contract with the Defendant and the first vehicle of this case under which the Defendant would be transferred the said consignment contract upon the resolution of the Defendant’s credit problem.

(hereinafter “instant underwriting contract”). C.

Upon receipt of the first vehicle of this case, the Defendant used the first vehicle of this case for business by taking over the passbook, cash card, account security card, etc. in the name of the Plaintiff. The Defendant shared the installment, insurance money, relevant expenses, etc. of the first vehicle of this case.

After September 24, 2016, the Defendant re-delivery the instant first vehicle to the Plaintiff.

E. Meanwhile, the Defendant filed a claim against the Plaintiff for operating profit of KRW 8,141,00 and KRW 4,000,000 against the Plaintiff prior to the delivery date of the instant vehicle under the Incheon District Court Decision 2016Da469804, but the Defendant was rendered a judgment of acceptance only for the said loan, and the said judgment became final and conclusive around that time.

F. Meanwhile, the Plaintiff entered into the instant underwriting contract and received E vehicle from its own name (hereinafter “instant 2 vehicle”), and thereafter, the Plaintiff and the Defendant entered into a partnership agreement with the contents that employ engineers about the instant 2 vehicle and that the costs and profits shall be divided into 5:5. (hereinafter “instant partnership agreement”).

[Ground of recognition] The fact that there is no dispute, Gap Nos. 1 and 2, Gap No. 3-1 and 2, witness F's testimony, and the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff asserts as follows.

1. At the time of concluding the instant underwriting agreement with the Defendant, the Plaintiff had the instant 2 vehicles newly released under the Plaintiff’s name and operated temporarily, and the Defendant thereafter had the instant 1 vehicle in accordance with the instant underwriting agreement.