1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Basic facts

A. On November 2013, the Plaintiff and the Defendant agreed to pay to the Defendant the remainder after deducting expenses for installment payments, oil payments, insurance premiums, repair expenses, etc. from the sales amount, once the Plaintiff purchases dump trucks with 24.5 tons of 24.5 tons of dump trucks.

B. On November 19, 2013, the Plaintiff purchased a dump truck C 24.5 tons (hereinafter “instant truck”). From around that time to August 2014, the Defendant operated the instant truck.

C. The Defendant operated the instant truck, and received oil equivalent to KRW 7,661,00 from D.

On October 2014, the Defendant settled the financial relationship based on the instant truck operation at the Plaintiff’s spouse E and coffee shop, and directly prepared and delivered the settlement statement (Evidence No. 8, hereinafter “instant settlement statement”) to E.

(See Defendant’s Statement at the 8th day of pleading of April 26, 2017). (e)

D) A lawsuit was filed against the Plaintiff, the owner of the instant truck, seeking payment of the unpaid fuel price and claiming for the payment of the goods (Seoul District Court 2015Da208925, D, the application for payment order was filed by the Daegu District Court 2015Hu1043, Jan. 27, 2015, but the Plaintiff raised an objection thereto, which was implemented as a lawsuit). On May 28, 2015, the conciliation was concluded on May 28, 2015, stating that “The Plaintiff shall pay D KRW 7,00,000 to D until July 31, 2015, and waiver of the remainder of D’s claim.”

F. According to the above-mentioned conciliation, the Plaintiff paid KRW 7,00,000 to D on May 28, 2015.

【Ground of recognition】 The fact that there is no dispute, Gap's 1, 3, 5, 6, 8, Gap's 2-1, 2, and 4-1 and 4-2, and the purport of the whole pleadings

2. The parties' assertion

A. On October 2014, the summary of the Plaintiff’s assertion is as to “D” at the time the Plaintiff’s spouse’s spouse met the Defendant or settled financial relations pertaining to the instant truck operation.