1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Facts of recognition;

A. On February 1, 1997, while working as an employee of the defendant company, the plaintiff retires from office on February 1, 1997, and on June 22, 1998, the plaintiff was employed by the defendant company as a daily worker and was in charge of supplying the site. On May 1, 1999, the plaintiff returned from office on March 31, 2008.

B. On October 2010, the Plaintiff agreed to transport the freight of the Defendant Company using its own cargo vehicle and to receive the transport fee from the Defendant Company.

The Plaintiff transported the freight of the Defendant Company from October 1, 2010 to January 30, 2018.

[Ground of recognition] Facts without dispute, purport of whole pleading

2. The parties' assertion and judgment

A. The Plaintiff Company’s assertion that the Plaintiff Company had not paid the Plaintiff KRW 785,00 out of the transport charges on October 2010, 600 out of the transport charges, KRW 985,00 out of the transport charges on November 1 of the same year, KRW 985,00 out of the transport charges on December 2015, KRW 4,110,000 out of the transport charges in 2015, and KRW 6,480,000 from the transport charges in 2015, and thus, the Defendant Company had the obligation to pay the Plaintiff.

Defendant Company paid the Plaintiff the full transport fee.

Even if the plaintiff had unpaid transportation charges, the plaintiff's claim for transportation charges has expired.

B. According to the above facts, it is reasonable to view that the Plaintiff, not an employee of the Defendant Company, entered into a transport contract with the Defendant Company for its own business, and received transport charges while transporting the freight of the Defendant Company.

On the other hand, the period of extinctive prescription under Articles 147 and 122 of the Commercial Act is one year. The plaintiff's lawsuit in this case was filed on January 30, 2018 when one year has elapsed since the date when the plaintiff's final claim for transportation charges was made. Thus, the extinctive prescription expired.

Therefore, the plaintiff's assertion is without merit without further review.

3. In conclusion, the plaintiff's claim shall be dismissed as it is without merit.

The judgment of the first instance is consistent with this conclusion.