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(영문) 의정부지방법원 2014.12.16 2014가단12331

운송료등

Text

1. The Defendant shall pay to the Plaintiff KRW 45,746,976 as well as 20% per annum from July 3, 2014 to the day of complete payment.

Reasons

1. Facts of recognition;

A. Nonparty C entered into a construction project with a development permit granted to the Sincheon-si D E (hereinafter “instant real estate”), and the Defendant is the person under the name of the development permit at the time of obtaining the permission for the Sincheon-si Construction Project.

B. The Plaintiff’s request from C in charge of construction at the above site was from January 14, 2013 to the same year.

3. up to 9.0. The transportation contract was entered into between the parties and the parties, and the transportation cost which was not paid was a total of KRW 45,746,976.

C. At the time of the conclusion of the above transport contract, a bulletin board was installed to the effect that the Defendant was the person who permitted to construct the above factory site.

C. After doing so, the Defendant received some payments on the part of the Plaintiff, following the process of change in the name of factory construction on the part of the Plaintiff seeking to purchase the instant real estate.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, witness F, testimony of G and the purport of whole pleadings

2. Determination on the cause of the claim

A. The plaintiff's assertion (i.e., the plaintiff's assertion) entered into the above transport contract with C, which is the defendant's representative, and the defendant is obligated to pay the plaintiff the unpaid transport cost, and even if domestic affairs C is not the defendant's representative, it bears

Doshe has borrowed the name of the Defendant’s argument C construction, and it does not bear any responsibility for lending the name.

B. According to the evidence No. 1, it is recognized that a sales contract was concluded on March 31, 201 between H and Nonparty C, the owner of the instant real estate, and Nonparty C.

However, as seen earlier, in light of the fact that the title holder of the permission to develop the real estate development project of this case was the defendant, and the transportation contract for the removal of soil and sand is essential to build the factory site, C is to build the factory site from the defendant.