1. As to the Plaintiff (Counterclaim Defendant) KRW 1,754,507 and KRW 500,00 among them, the Defendant (Counterclaim Defendant) from August 26, 2017.

1. On May 10, 2016, the Plaintiff asserted that, on the following grounds: (a) on May 10, 2016, the Plaintiff sold and delivered a motor vehicle listed in the separate sheet (hereinafter “instant truck”) to the Defendant for KRW 1 million (hereinafter “instant sales contract”); (b) on May 10, 2016, the Plaintiff and the Defendant did not receive only KRW 500,000 out of the sales price from the Defendant; and (c) the Defendant delayed the procedures for ownership transfer registration under the name of the Defendant, thereby delaying the procedures for the registration of ownership transfer, the Plaintiff claimed against the Defendant for payment of KRW 1,254,50,07, totaling KRW 500,000 and KRW 1,254,507, and delay damages for the remainder of the sales price.

In regard to this, although the Defendant paid the sales price of the instant truck at KRW 500,00,000, the Plaintiff refused to affix the seal imprint on the automobile transfer certificate and even if, on November 2, 2016, removed the instant sales contract. As such, the Defendant asserted that the instant sales contract was cancelled as the delivery of the counterclaim, and sought refund of KRW 500,000 and payment of KRW 500,000 for damages from the restitution following cancellation against the Plaintiff.

2. Determination

A. In addition to the statement of evidence Nos. 2-4 through 7 and each statement of witness C and D’s testimony, the Defendant sought the Plaintiff’s husband Eul’s intention to sell the instant truck through the introduction of D, who is the seat, and transferred the horses that the Plaintiff would want to receive KRW 1 million from the purchase price of the instant truck, and without raising any objection to the number of the purchase price, it can be acknowledged that the Plaintiff was able to receive the key of the instant truck from E on May 10, 2016 without raising any specific objection to the purchase price amount.