1. The Defendant (Counterclaim Plaintiff) paid KRW 13,274,894 to the Plaintiff (Counterclaim Defendant) and its related amount from December 28, 2011 to October 22, 2013.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On December 22, 2009, the Defendant entered into an entrustment management contract with Nonparty D (hereinafter “D”) with respect to the instant truck (hereinafter “instant truck”), under which the Defendant, as the borrower, is entrusted with the independent operation and management right from D, and pays the monthly fixed consignment fee to D while operating and managing the instant truck, and completed the transfer of ownership in the name of D with respect to the instant truck.

B. Nonparty E concluded a lease agreement on the instant truck with the Defendant, and operated the instant truck from August 1, 2010 to September 30, 2010.

C. On October 1, 2010, D entered into a lease agreement with Nonparty F on the instant truck (hereinafter “instant lease agreement”). F was operating the instant truck from October 1, 2010 to the lower police officer from April 201, 201, while having occupied the instant truck and was missing on April 2012.

From August 2010 to December 2011, the Plaintiff engaged in the oil supply business in the name of H oil station G from J Jin-si, supplied a sum of KRW 94,632,288, as shown in the attached Form, to the instant truck.

E. The Defendant paid KRW 51,357,394 to the Plaintiff out of the oil payment for the above period.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 5 (including each number in case of additional number), Eul evidence 3 and 4, the purport of the whole pleadings

2. Judgment on the principal lawsuit

A. The Defendant, a land owner of the instant truck, is obligated to pay the unpaid oil price to the Plaintiff as a party to the instant oil supply contract.

B. The defendant's assertion that the plaintiff supplied oil, etc. to F, which is not the defendant, the F shall pay the oil price to the plaintiff.

(c) judgment 1 is generally denied to the company.