Any action by the plaintiff (Counterclaim defendant, appellant (Re-Appellant) shall be dismissed.

The costs of retrial are assessed against the plaintiff, the counterclaim.

1. The summary of the case and the facts premised on the case

A. The summary of the case at issue: (a) the Plaintiff agreed to repair the part necessary for repair from C and pay the Plaintiff directly to C while entrusting the Defendant with repair due to the damage of an express bus operated by the Plaintiff to the Defendant; and (b) accordingly, the obligee of the cost of parts against the Plaintiff was supplied with the part from C; and (c) the obligee of the cost of parts against the Plaintiff was not the Defendant, and thus, (d) the Defendant did not deliver a express bus to the Plaintiff even after the termination of the repair contract, even though there was no right of retention on the basis of the part payment claim; (b) the Defendant asserted that the repair contract for the express bus was replaced with the express bus in mind; (c) the delivery of the express bus and the damage incurred by the full replacement of the express bus (amount to KRW 10 million at the lower market price) due to the Defendant’s failure to operate the express bus (from December 3, 2005 to December 22, 2005), the compensation for the damage equivalent to the profits from the operation of the bus from March 30, 200, 2005.

The counterclaim of this case is a case seeking payment of actual expenses (24,00 won a day) incurred in the storage and management of express buses (24,000 won a day) in accordance with Article 65(1) of the Automobile Management Act and Article 137(1)4 of the Enforcement Rule of the Automobile Management Act by asserting that the Plaintiff neglected the express bus without paying part of the repair expenses despite the Defendant completed repair of express buses against the Plaintiff on December 2, 2005.

The judgment of the court of first instance accepted the plaintiff's request for delivery of express buses (7.5 million won and repayment) and the defendant's counterclaim, dismissed the plaintiff's remaining claims against the plaintiff. While the plaintiff filed an appeal against the part against which the plaintiff lost, it was sentenced to the judgment dismissing the plaintiff's appeal (Re-adjudication).