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(영문) 부산지방법원 2017.04.26 2016가단330398

운송료

Text

1. As to the Plaintiff (Counterclaim Defendant)’s KRW 5,240,708 against the Defendant (Counterclaim Plaintiff) and its related amount, from November 18, 2016 to April 26, 2017.

Reasons

The main lawsuit and counterclaim are also finite.

Basic Facts

On November 2015, the Plaintiff entered into a vehicle lease agreement with the Defendant to pay KRW 2.5 million per month of rent (hereinafter “instant lease agreement”) instead of the Plaintiff’s operation with the “C” vehicle purchased by the Defendant to the Jinjin Korea Co., Ltd. (hereinafter “instant vehicle”). From November 2015 to December 2015, the Plaintiff transported the freight, etc., each of which was requested by the Defendant to be transferred from the Jinsung Co., Ltd. to the Defendant Co., Ltd. from December 2015, to March 2016.

Although the Plaintiff used the instant vehicle for transportation, the Defendant received transportation charges from the Jinchis, etc. Co., Ltd., and the remainder after deducting the value-added tax payable by the Defendant from the value of transportation charges received by the Defendant is as listed in the following table:

Monthly transport charges (cost) 13,403,690 on November 13, 2015, 3,905,830 3,509,407, 10,796,650 on February 10, 2016, 650 on February 10, 2016, 44,852,457 [Grounds for Recognition] No dispute is raised; Gap evidence 2-6,77,77,220 on March 2, 2016; Eul evidence 4,33,63,63,69,660,660, 605, 306, 705, 705, 306, 705, 307, 457 on the part of the Plaintiff’s principal lawsuit; the Plaintiff, which is the cause of a claim, against the Defendant in this case; the Plaintiff, against the Defendant in this case’s transport charges; and

As the counterclaim in this case, the Defendant, as the counterclaim in this case, sought payment of KRW 12,670,00,00 for the oil rent of KRW 12,50,000 for the instant vehicle, KRW 8,50,000 for the instant vehicle, and KRW 14,06,003 for the automobile repair cost of KRW 50,00 for the automobile repair cost of KRW 50,000 for the instant vehicle, and KRW 57,176,00 for the non-electric purchase cost of KRW 44,852,457 for the remainder after deducting the transportation cost of KRW 12,323,546 for the Plaintiff and delay damages therefrom.

The plaintiff and the defendant's settlement details shall be paid to the plaintiff.