1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Basic Facts

In around 2013, the Plaintiff was entrusted with the transportation business of automobile parts, etc. by Hyundai Embs Co., Ltd. (hereinafter “Mobs”), and the Plaintiff re-entrusted part of the transportation business to the Defendant at that time.

On October 28, 2016, Hyundai Women’s Republic of Korea demanded the Plaintiff to refund the transportation charge, on the ground that “The Plaintiff was unjust enrichment of KRW 128,927,260, by means of a false statement, etc. that a local government-invested person in charge of transportation duties entrusted by the Plaintiff transported the transportation charge for a period from September 1, 2013 to July 25, 2016,” and the Plaintiff returned the transportation charge of KRW 128,927,260.

The Plaintiff collected KRW 71,293,570 from the Defendant or deducted KRW 71,293,570 from the Defendant’s transport charges to the Defendant on December 31, 2016, on the ground that the Plaintiff, a local government-invested borrower, who belongs to the Defendant, made an unfair claim for

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, and 8, and the purport of the whole pleadings.

Plaintiff’s assertion

The Plaintiff suffered losses from the Plaintiff’s claim for false transportation charges against the Plaintiff affiliated with the Defendant, resulting in the return of the transportation charges of KRW 128,927,260 to the Hyundai Frans.

The above branch owners are the defendant's performance assistants regarding the contract of carriage between the plaintiff and the defendant, and due to their acts, the defendant should be deemed to have incomplete performance of obligations under the contract of carriage.

Therefore, the defendant should compensate for the damages incurred by the plaintiff's fraudulent claim of C, the land owner to whom the defendant belongs, with the exception of the amount of KRW 29,00,000 returned by C and related parties D from KRW 82,169,890, which is damages caused by the plaintiff's fraudulent claim of C, the land owner to which the defendant belongs, and the delay damages.

The Plaintiff sought the full amount of the remainder of KRW 71,293,570, out of the transport charges of KRW 128,927,260, which the Plaintiff returned to Hyundai Women’s Republic of Korea at the first instance court, excluding the remainder of KRW 71,293,570, and was limited to the portion arising from C’s fraudulent claim for transport charges in the first instance trial.