1. The Defendant (Counterclaim Plaintiff) paid KRW 7,296,563 to the Plaintiff (Counterclaim Defendant) and its related amount from June 11, 2014 to November 20, 2014.

1. Facts of recognition;

A. On February 22, 2013, the Plaintiff entered into a consignment management contract for trucking transport business (hereinafter “instant contract”) with the Defendant, setting the consignment period as six (6) years (72 months) with respect to the instant vehicle listed in the separate sheet (hereinafter “instant vehicle”). The Defendant transported the volume of the instant vehicle to the Plaintiff, and the Plaintiff pays KRW 220,00 per month to the Plaintiff as management expenses, and KRW 3,228,183 per month to the Plaintiff at the rent (excluding surtax). The Plaintiff agreed to bear all expenses necessary for the management of the instant vehicle, such as gas stations, taxes and public charges, insurance premiums, etc. on the instant vehicle, and the ownership of the instant vehicle is transferred at the expiration of the entrusted management period.

B. From the beginning of September 2013, the Defendant rejected the Plaintiff’s dispatch order. The Plaintiff declared that the instant contract will be terminated by serving a copy of the instant complaint on the grounds of the Defendant’s refusal of dispatch. The duplicate of the instant complaint was served on the Defendant on October 20, 2013.

C. On March 25, 2014, the Defendant delivered the instant vehicle to the Plaintiff.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 to 4 (including each number), the purport of the whole pleadings

2. The parties' assertion

A. The Defendant is obligated to pay to the Plaintiff KRW 3,520,569, totaling KRW 33,520,569 from September 2013 to March 2014, as well as KRW 1,495,00, totaling KRW 36,45,560, and KRW 36,560, which is the damages incurred to the Plaintiff due to the Defendant’s refusal to dispatch instructions. The Plaintiff seek from the Defendant the payment of KRW 16,45,569, and damages for delay calculated by deducting KRW 20,00,000, which the Plaintiff received from the said amount to the Defendant.

B. Although the purchase price of the instant vehicle is 136,40,000, the Plaintiff filed a counterclaim, the Plaintiff deceiving the Defendant that the purchase price of the instant vehicle was 232,429,176 won, and concluded the instant contract.