1. As to the Plaintiff (Counterclaim Defendant)’s KRW 27,769,50, and KRW 12,248,500 among the Plaintiff’s counterclaim, the Defendant (Counterclaim Defendant)’s KRW 12,248,50.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The fact that the Plaintiff entered into a transport contract with the Defendant on October 14, 2013 (hereinafter “instant transport contract”) and carried out a transport business at the Defendant’s request until January 7, 2016 does not conflict between the parties.

2. The assertion and judgment

A. The Plaintiff asserts that, inasmuch as the transportation charge for the transport business performed by the Plaintiff according to the instant transport contract is KRW 12,248,500 on November 2015, KRW 13,689,50 on December 2015, KRW 13,689,50 on January 1, 2016, and KRW 1,831,50 on January 2016, the Defendant is obligated to pay the transport charge and the damages for delay to the Plaintiff.

As to this, the Defendant asserts that the Plaintiff is obligated to return KRW 87,384,00 to the Defendant for unjust enrichment, since the Plaintiff claimed the Defendant for the transportation charge from October 2013 to January 2016, and claimed an excessive amount of KRW 87,384,00, compared to the unit price agreed upon at the time of entering into the instant transportation contract.

B. In full view of the overall purport of the arguments in Gap evidence Nos. 1 and 2 (including paper numbers), Eul evidence No. 1, and witness Gap's testimony, the defendant agreed on the transportation charge according to a written estimate submitted by the plaintiff at the time of conclusion of the contract of carriage, and agreed on the last day of the following month after the monthly closing of the time of the payment of the transportation charge. The above written estimate submitted by the plaintiff to the defendant states that the basic unit price for each vehicle and each type of vehicle are added to the place of arrival, the completion of the work, and the additional expenses for the return operation are specified in the said written estimate. The unit price for the delivery waiting and natural disaster is ordinarily agreed with the staff in charge of the service, and the unit price for the above written estimate is based on the ordinary business hours. The unit price for the area other than the Seoul Gyeonggi Gyeonggi Games area is written on the basis of the transportation of the "local vehicle" located within the Seoul Gyeonggi Games area, and each time the plaintiff requested transportation from the defendant.