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. The defendant is a company that runs a truck transport business or cargo transport arrangement business.

B. In order to operate a cargocar 25t truck, the Plaintiff agreed to lease the number of the vehicle for business use (B; hereinafter “instant vehicle number”) without setting a deadline, and wired KRW 12,000,000 to the Defendant on November 21, 2016.

C. From February 2017, the Plaintiff did not use the instant vehicle number (the main contents of the right to carry on the transport business using the above number). Around that time, the Plaintiff returned the said vehicle number to the Defendant.

[Ground of recognition] Unsatisfy, entry of Gap evidence 2 (including provisional number), purport of whole pleadings

2. Determination

A. The parties' assertion that the plaintiff paid KRW 12,00,000 to the defendant as the lease deposit for the vehicle number, and that the plaintiff was scheduled to return the vehicle number to the plaintiff at the time of termination of the lease relationship between the plaintiff and the defendant. Since the plaintiff returned the vehicle number to the defendant, the defendant should pay the lease deposit amount of KRW 12,00,000 and the delay damages to the plaintiff.

In this regard, the defendant asserts that 12,000,000 won paid by the plaintiff was not scheduled to be returned as premium for the vehicle number lending, but the defendant did not demand the return of the vehicle number to the plaintiff, and because the plaintiff returned the vehicle number due to personal circumstances, there is no reason to return the 12,000,000 won to the plaintiff.

B. The following facts or circumstances, which can be acknowledged by comprehensively taking account of the overall purport of the arguments, including the parties’ assertion, are as follows: ① the Plaintiff, the borrower, paid KRW 12,00,000 to the Defendant as a consideration for using the Defendant’s vehicle number; ② the Defendant, while the vehicle number lease term, receives interest equivalent to KRW 12,00,000 from the Defendant.