1. The part against the defendant among the judgment of the court of first instance is revoked, and the part against the defendant is revoked.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is a stock company established for the purpose of automobile rental business, etc., and the Defendant is a person who actually operates the C', and the Plaintiff has requested the Defendant to repair the vehicle possessed for several years.

B. The Plaintiff was operating as a leased vehicle without completing the transfer of ownership registration by accepting D rocketing car (hereinafter “D vehicle”) which is a reputation rental car owner, and without completing the transfer of ownership. On December 13, 2013, the Plaintiff requested the Defendant to repair the D vehicle destroyed on December 13, 2013.

At the time, the repair cost was KRW 5,130,000, but the Plaintiff paid KRW 1,500,000 on December 13, 2013 and KRW 1,500,00 on March 20, 2014 to the Defendant as repair cost.

C. On July 1, 2014, the Plaintiff and the Defendant settled that the unpaid repair cost was KRW 1,560,000 by arranging transactions.

On August 13, 2014, the Plaintiff leased D vehicles to E, while driving the said vehicles, and the said vehicles were destroyed due to the occurrence of the accident while E was driving the said vehicles, and D vehicles were towed on August 14, 2014 and entered into the factory operated by the Defendant.

E. On November 21, 2014, the Plaintiff transferred KRW 3,000,000 to the Defendant’s account, the Defendant’s wife, and around that time, delivered G rocketing car (hereinafter “G car”) to the Defendant by payment in lieu of KRW 1,000,000 for the repair cost.

[Ground of recognition] Facts without dispute, Gap evidence 2, 5, 7, Eul evidence 10, 11, 12, evidence 13-1, 2, and 21-1 through 7, the purport of the whole pleadings

2. The assertion and judgment

A. On August 14, 2014, the Plaintiff entered into a repair contract with the Defendant to repair D vehicles at KRW 5,000,000 for the repair cost, and under the said repair contract, the Defendant paid the repair cost of KRW 3,000,000 on November 21, 2014 pursuant to the said repair contract, and paid the repair cost of KRW 4,000,000 for the payment of KRW 1,00,000 for the said repair cost to the Defendant. However, the Defendant paid the repair cost of KRW 4,00,000 for the payment in lieu of the said repair cost.