1. The Defendant (Counterclaim Plaintiff) paid KRW 46,803,433 to the Plaintiff (Counterclaim Defendant) and its related amount from April 22, 2017 to April 25, 2018.

1. Basic facts

A. The plaintiff is a limited liability company established in accordance with the law of Mongolia for the purpose of domestic and foreign trade, and the defendant is a stock company incorporated in accordance with the law of the Republic of Korea for the purpose of combined freight forwarding business.

B. On October 28, 2014, the Plaintiff entered into an export sales contract (hereinafter “instant export sales contract”) with C Co., Ltd. having a place of business in the Republic of Korea (hereinafter “C”) under which the Plaintiff would export USD 2,500 to USD 2,250,000 for export from Mongolia to USD 2,250,000 (hereinafter “instant export sales contract”).

C. Around that time, the Plaintiff entered into the instant export sales contract with D Co., Ltd. (hereinafter “D”) having a business office in the Republic of Korea.

The contract of carriage was concluded through China to transport the waste ship of this subsection to the Republic of Korea in Mongolia, and the carriage was promoted accordingly.

However, it became impossible to transport through China due to the environmental problems of the waste shipter, and D eventually gave up the transportation responsibility of the above waste ship owner on February 2015 and agreed to transfer the transportation right to the cargo to the defendant designated by C. D.

The Plaintiff stated “the date of entry into force of signature” as “A” No. 4 on February 5, 2015 as of December 1, 2014, but comprehensively taking account of the respective descriptions and arguments in subparagraphs A through 11, the time when the instant transport contract was actually concluded between the Plaintiff and the Defendant appears to be February 5, 2015.

As a multimodal transport operator between the Defendant and the Defendant, the Defendant would have received freight at a rate of one year from the date of the above contract and transport “the waste and disposal sculptures of the primary batteries” subject to the export sales contract of this case to the port of Busan through the port of the Republic of Korea from the Ulan Republic of Mongolian railroad station to the Russia.