1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be dismissed.

1. In the first instance trial, the Plaintiff asserted that the Defendant’s act of taking the number plate by the joint representative director is a tort, and filed a claim with the Defendant for a period from September 28, 2014 to September 18, 2015, for the amount of negative damage, KRW 45,968,950, and KRW 3,877,50,000, equivalent to the repair cost of the breakdown caused by the instant bus parked for a prolonged period of time due to positive damage, and additionally, the Plaintiff claimed KRW 2,00,000,000,000 for consolation money for mental damage.

Therefore, the first instance court accepted only a part of the claim for damages against the above passive damages, and dismissed the claim for positive damages and consolation money. Since only the defendant appealed, the scope of the trial court's judgment is limited to the claim for damages of KRW 45,968,950 concerning the plaintiff's passive damages against the defendant.

2. Facts of recognition;

A. On October 31, 2009, the Plaintiff purchased 98,500,000 won of the Defendant’s name D (the number of C from March 2012 to March) new brand bus (hereinafter “instant bus”) between the Defendant and the Defendant. On the other hand, the Plaintiff entered the contract with the Defendant for the use of the said bus for commuting to and from work of the officers and employees of the Daosung Motor Vehicle Corporation for two years based on the Defendant, and operated the said bus for two years, and received the fixed transportation fee from the Defendant, and the Plaintiff entered into a contract with the Defendant to pay the monthly management fee (hereinafter “instant land entry contract”).

B. Since then, the Plaintiff brought a lawsuit against the Defendant Company seeking payment of unpaid transportation charges by Busan District Court Decision 2014Da24064 on March 31, 2014, and on November 24, 2014, the Defendant Company paid eight million won to the Plaintiff in the instant case.