1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are all dismissed.

2. The costs of lawsuit;

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

A. “C”, the representative of the Plaintiff, engaged in construction machinery transportation business, etc. under the name of “D”, and, on March 26, 2009, established a Plaintiff company for the purpose of engaging in cargo transportation agency business, etc. and converted the said intervention company into the Plaintiff company.

(hereinafter referred to as “Plaintiff.” Meanwhile, the Defendant has engaged in construction machinery leasing business using “port-a-port and navigation gear” (hereinafter referred to as “instant machinery”).

B. Around August 2002, the Plaintiff entered into a contract with the Defendant on the condition that the Plaintiff shall transport the instant machinery and pay the fare to the Plaintiff.

Accordingly, the Plaintiff transported the instant machinery from August 2002 to November 13, 2012.

C. Meanwhile, around January 2013, the Plaintiff entered into a contract with the Defendant to entrust the Plaintiff with the leasing business of the instant machinery (hereinafter “instant entrusted operation contract”), and some of the proceeds therefrom would be allocated to the Defendant’s obligation to pay the freight to the Plaintiff.

Accordingly, the Defendant delivered the instant machinery to the Plaintiff on February 2013, and thereafter, the Plaintiff has been running the instant machinery leasing business (round April 30, 2013, the Plaintiff made an agreement with the Defendant that “the remainder after deducting personnel expenses, subsidiary materials, and repair expenses and settling the remainder of the construction expenses,” in relation to the instant consignment operating contract.”

During the period from April 30, 2013 to December 17, 2013, the Plaintiff paid KRW 52,90,000 to the Defendant as the proceeds under the instant consignment operation contract. During the said period, the Defendant directly received total of KRW 20,000,000 from the relevant lessee out of the proceeds from the lease of the instant machinery.

E. After September 19, 2014, the Defendant collected the instant machinery from the Plaintiff.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 3, 5, 6, 8, and .