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(영문) 대구지방법원 2017.11.09 2016가합206677

운송료

Text

1. As to KRW 30,00,000 and KRW 15,000 among them, the Defendant shall pay to the Plaintiff KRW 30,000,00 from July 24, 2015, and KRW 15,00,00.

Reasons

1. Basic facts

A. On June 20, 2014, the Defendant concluded a sales contract with only 25.5 tons of a dump truck truck Korea Co., Ltd. (hereinafter “Sump truck Korea”) to purchase 203,000,000 won per unit.

B. The Defendant agreed to receive a loan from the BS Capital Capital to pay a certain amount of KRW 167,60,000 among the above sales price, and agreed to receive each of the above purchase price from the BS Capital and pay a certain amount of KRW 72 months from August 10, 2014 to July 10, 202 in accordance with the implementation schedule provided by the BS Capital Capital.

C. On July 3, 2014, the Plaintiff paid KRW 30 million in total to the Defendant each of the KRW 15 million under the name of two dump trucks. D.

On July 23, 2014, the Plaintiff received each of the instant dump trucks from only truck Korea on July 25, 2014, and registered one of them as C truck with the Defendant as its owner as indicated in the attached Form (hereinafter “instant dump truck”). Other one of them was registered as D truck with the Defendant as its owner (hereinafter “instant dump truck”).

E. On July 28, 2014, the Defendant completed business registration on July 24, 2014 (i.e., the opening date of the business, (ii) the business name “E”, (iii) the representative of the Defendant, and (iv) the construction machinery type leasing, and (iv) carried out transportation business using the said two exump trucks.

F. At that time, the Defendant subscribed to the automobile insurance for the two dump trucks in its own name, and operated the first dump trucks of this case from that time, and the Defendant operated the second dump trucks of this case and transported the goods entrusted by the above E while driving the second dump trucks of this case.

G. From September 24, 2014 to January 16, 2015, the Plaintiff received a total of KRW 28,212,423 from the Defendant as transportation fees.

H. Meanwhile, the Plaintiff’s loans from August 11, 2014 to November 25, 2014 pertaining to the first dump truck of this case.