1. On June 13, 2018, the Plaintiff (Counterclaim Defendant) paid KRW 37,074,903 to the Defendant (Counterclaim Plaintiff) and KRW 33,834,70 among them.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On December 22, 2016, the Plaintiff, a warehouse business, entered into a contract with the Defendant operating a warehouse business, providing that the Defendant shall transport the goods entrusted by the Plaintiff and pay KRW 1,500 per unit of goods (in cases where the goods transported by the Defendant are less than 15,000 boxes per month, an additional transportation charge shall be paid in addition to 200 won per unit of goods).

(hereinafter “instant transport contract”). B.

According to the contract of carriage in this case, if the defendant claims the transportation charge along with documentary evidence, the plaintiff shall pay it within 10 days, but the rate of delay damages for the delay in the payment of the transportation charge was set at 10% per annum.

C. The Defendant was transported from January 2017 to May 2017 in accordance with the instant transport contract, but was not paid KRW 10,789,700 for the transport charges for April 2017, and KRW 14,861,200 for the transport charges for May 2017, and KRW 8,183,80 for the additional transport charges incurred from January 2017 to May 201.

[Ground of recognition] No dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 to 6, the purport of the whole pleadings

2. The parties' assertion

A. According to the plaintiff's assertion (1) cancellation of the contract of carriage of this case by deception (Evidence A) of this case, the defendant shall transport the goods entrusted by the plaintiff "using the defendant's means of transportation" (Article 1), and the defendant shall not transfer to another person the rights and obligations stipulated in the contract of carriage of this case.

(Article 15), however, the defendant entered into the contract of carriage of this case with payment of 1,450 won per case to Hanjin-si, and concealing the fact that transportation is entrusted.

In this process, 50 won per case has obtained unfair profit.

The plaintiff entered into a contract of carriage of this case by deceiving the defendant, and thus the contract of carriage of this case is revoked through the service of the complaint of this case.

(2) The instant transport contract is the settlement of transport charges and confirmation of the existence of a debt.