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1. The Defendant (Counterclaim Plaintiff) paid KRW 20,842,510 to the Plaintiff (Counterclaim Defendant) and the Plaintiff’s counterclaim from February 2, 2014 to February 15, 2014.
Reasons
1. Under each of the following facts, each of the following facts may be acknowledged by the plaintiff and the defendant, or by taking account of the following facts: Gap evidence 1 through 5, Gap evidence 6-1 through 3, Gap evidence 7, Eul evidence 1-1 through 4, Eul evidence 2-3, Eul evidence 4-1 through 9, Eul evidence 5-1 through 5-4, Eul evidence 6-1 and Eul evidence 6-2.
On December 12, 2001, the Plaintiff entered into a contract with Nonparty C Co., Ltd. (hereinafter “C”) under which the Plaintiff registered the trucking transport business pursuant to the former Trucking Transport Business Act (amended by Act No. 6656 of Feb. 4, 2002), under which C Co., Ltd. (amended by Act No. 66556 of Feb. 4, 2002), under which C Co., Ltd. (hereinafter “C”) registered the trucking transport business under the name of the Plaintiff, and C Co., Ltd. entered into a contract under which the Plaintiff entrusted the operation and management of the trucking transport business under the name of the Plaintiff (E) to the Plaintiff (hereinafter “instant consignment management contract”).
Article 3 (Period of Entrustment Management) The period of consignment management under this Agreement shall be two years, but may be extended or shortened by mutual agreement between the plaintiff and C.
Article 5 (Entrustment Management Expenses) (1) The plaintiff shall pay the management expenses (1) to C Company each month in return for the entrustment of the operation and management right.
Article 6 (1) (Management of Vehicles) (1) After acquiring a vehicle, the Plaintiff shall bear all expenses incurred in the operation of the vehicle, such as breakdown, repair and oil, taxes and public charges, insurance premiums, etc., and shall prepare a written employment contract with the driver and other workers necessary for the operation, submit it to the C Company immediately, and the Plaintiff shall comply with the Labor Relations Act, such as the payment of wages, and
Article 7 (Management and Wages of Employees)