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(영문) 의정부지방법원 2017.12.01 2016가합54534

운송료

Text

1. The Defendant’s KRW 29,156,840 for the Plaintiff and 6% per annum from November 12, 2014 to December 1, 2017.

Reasons

1. Basic facts

A. The Plaintiff is a company that engages in the construction soil transportation business, etc., and the Defendant is a company that engages in soil construction business.

B. SK Construction entrusted services to D Co., Ltd. for transporting soil and sand generated at the site of redevelopment of apartment complex C (hereinafter “instant construction site”), and D Co., Ltd re-entrusted them to the Defendant.

On April 28, 2014, the Defendant concluded a contract to entrust the Plaintiff with transportation services of the said soil and sand (hereinafter “instant contract”).

C. From April 28, 2014 to September 2014, the Plaintiff transported soil, sand, and high-quality soil and sand that occurred at the construction site of this case.

The plaintiff had the owner of dump truck dump truck dump truck dump truck dump truck dump truck dump truck dump truck dump owner and paid the price to the defendant as a dump price.

From June 20, 2014 to November 11, 2014, the Defendant paid KRW 780,207,479 to the Plaintiff totaling KRW 780,207,479.

The Defendant transported soil and sand, etc. on the instant construction site for the Plaintiff. Accordingly, the Defendant’s transport amounted to KRW 89,412,400 in total.

E. Meanwhile, the Defendant received a request from the Plaintiff for direct payment of the transport cost from the Plaintiff to the Plaintiff and paid it directly to the Plaintiff.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 4 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. The Plaintiff’s assertion may be calculated based on D/T transport cluster balance sheet (Evidence A6 to 14) confirmed by the Defendant’s employees. As such, the Defendant calculated the Plaintiff’s total transport cost of the instant case (i.e., the amount issued D/T transport cluster balance sheet, which was not issued by the tax invoice) from the total transport cost of the instant case to the Plaintiff.