1. Revocation of the first instance judgment.

2. On the other hand, according to the counterclaim that was filed by the court, the plaintiff (a counterclaim defendant) shall reach the court.

1. Basic facts

A. The Plaintiff is a company that engages in the business of collecting aggregate and selling goods, and the Defendant is a borrower of a vehicle number C dump truck (hereinafter “C dump truck”) located in the Plaintiff, who has transported dump truck using the above dump truck.

However, according to the direction of the plaintiff, the defendant, while transporting sand at the construction site with C dump truck, is provided with oil and truck maintenance services at the relevant business entity where the plaintiff entered into a contract in advance, and the plaintiff has operated the business by deducting oil expenses and maintenance expenses provided by the defendant from the transport charges to the defendant and paying the remainder transport charges to the defendant.

B. From December 2013 to March 2014, the Plaintiff: (a) had the Defendant enter into the instant C D D D D D dump truck and subcontracted from Seocho-gu Seoul, Ansan-gu E, Gangnam-gu, Seoul to G (H); and (b) “D construction works,” “F construction works,” and the combination of the above construction works.”

In order to implement the dump truck, "oil expenses, maintenance expenses, etc. less than those necessary for the operation of the dump truck, such as attached Tables 1 and 2."

) Total 14,754,642 won (i.e., oil cost of KRW 11,189,182) paid 3,565,460.

C. On the other hand, on April 14, 2014, the Plaintiff calculated soil and sand transport charges on the part of the Defendant at F Corporation.

4. It shall be paid up to 18.18. The transportation charge shall be paid an amount calculated by deducting the fuel cost and the maintenance cost of C dump trucks from the transportation charge, and thereafter the unpaid transportation charge shall be 14,345,00 won, and then the loan certificate containing the purport thereof (a evidence No. 1; hereinafter “the loan certificate of this case”) was written to the Defendant with the certificate.

Around December 2016, the Defendant filed a lawsuit against the Plaintiff seeking payment of KRW 14,345,00 on the basis of the instant loan certificate (U.S. District Court Decision 2016Gau 125929), and the Plaintiff in the lawsuit above is C from the said transport charge.