1. The Defendant’s KRW 5,300,000 as well as the Plaintiff’s annual rate of 5% from April 5, 2016 to September 1, 2016, and the following.

1. Facts of recognition;

A. B around September 17, 2015, as the Plaintiff owned (hereinafter “the instant truck”) was requested from C to transport the instant truck to F from Haan-gun, Haan-gun, Gyeongnam-gun, to a factory in F. On the same day, B loaded the said truck onto G truck (hereinafter “instant truck”) on the same day, and entered a factory in the destination, while having entered the port, the said truck with the driver’s care was left behind the floor, and the repair was required, such as a stoping replacement, etc.

B. Meanwhile, as a transportation company holding a trucking transport business license, the Defendant: (a) around January 29, 2013, registered the instant cargo vehicle in the name of the Defendant with respect to the instant cargo vehicle, which is substantially owned by B for five years from the date of the contract; (b) entered into an entrusted management contract with the Defendant, under which B would pay monthly operating expenses to the Defendant; and (c) would operate and manage the said vehicle on its own account by registering its business in its own name; and (d) the registration of the owner of the automobile was made

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, 2, Eul evidence 1 and 8, Eul evidence 7, the video of Eul evidence 7, the purport of the whole pleadings

2. Determination

A. According to a contract entered into between a trucking business operator holding a trucking transport business license and a trucking business operator who actually owns a motor vehicle, the motor vehicle shall be registered in the name of the trucking business operator and reverted to the trucking business operator, and, insidely, each borrower shall conduct business on his/her own account and on his/her own account, and even if a trucking business operator entered into a cargo transport contract in his/her name while directly operating and managing the motor vehicle into the trucking transport business (so-called "the designated trucking transport business operator"), the legal effect of the contract shall be limited to the designated trucking business operator's act acting on behalf of the designated trucking business operator with the authority delegated by the company, the owner of the motor vehicle.