대여금
1.(a)
The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) shall pay KRW 46,01,172 to the Plaintiff (Counterclaim Defendant) and its related amount from July 27, 2017 to November 2018.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The Plaintiff is an individual entrepreneur engaged in cargo transport business under the trade name of “D”, and the Defendant Company is a company established for the purpose of ordinary trucking transport business, etc., and the Defendant C is the representative director of the Defendant Company.
B. On January 2016, the Plaintiff, a subordinate company of E Co., Ltd. (hereinafter “E”), agreed to engage in the logistics transport business with the trade name F, which is the Defendant Company’s sub-consigning logistics transport.
When the Plaintiff directly receives and transports goods from E, the ordering agent, the Defendant Company received transportation charges from E, deducted 3% of them from the Defendant Company’s fees, and paid the remainder to the Plaintiff as transportation charges (hereinafter “direct transportation charges”).
C. From January 2017, the Plaintiff, among those, transported the goods ordered by G Co., Ltd. (hereinafter “G”) from around January 201, he/she received logistics transport from the Defendant Co., Ltd. (hereinafter “G”), thereby transporting the goods by transport.
When the Plaintiff transported the cargo ordered by G, the Defendant Company received transportation charges from G and deducted 8% of them from the Defendant Company’s commission, and paid the remainder to the Plaintiff as transportation charges (hereinafter “general transportation charges”). From January 2017 to June 2017, the Defendant Company’s general transportation charges to be paid to the Plaintiff are KRW 602,458,697 in total.
Monthly General Transport Fee 154,896,174 won 247,563,942 won 317,517,510,170 won 4164,974,717 won 5135,386,858 won 682,458,697 won 602,458,697 won / [Grounds for recognition] 154,896, 170 won 24,173,92 won 317,386,858,000 won 682,458,697
2. Determination on the main claim
A. 1) The Plaintiff’s assertion 1) - The Defendant Company’s claim against the Defendant Company - The Defendant Company shall pay the Plaintiff the total of the general transport charges that the Defendant Company should pay to the Plaintiff.