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(영문) 서울고등법원 2017.05.25 2016나2048080

운송료

Text

1. Upon receiving a claim for a change in exchange at the trial, the defendant written the transportation fee for each plaintiff in attached Form 1 to the plaintiffs.

Reasons

1. Basic facts

A. The party status 1) H is a corporation G (hereinafter “G”).

2) As the representative director of the corporation, the corporation shall be Seowon-con (hereinafter referred to as “Seowon-con”)

(2) The Plaintiffs received fees from the borrower for the recruitment of dump trucks to transport aggregate at the construction site of the Plaintiff. The Plaintiffs are personal borrowers of dump trucks who transport aggregate at the construction site of the Seocho-gu unit under G. (2) The Defendant is the representative of T and T Co., Ltd. (hereinafter referred to as “T”) engaged in the business of transporting soil and aggregate in the same manner as G.

B. The Plaintiffs: (a) from March 2013 to March 2013, the Plaintiffs entered into an agreement with G to transport construction materials at the construction site of Seocho-gu unit and to pay 5% of the transport fees to G; (b) from November 2014, G was affiliated with G and transported construction materials at the construction site of Seocho-gu unit; and (c) if G claims for the transport fees under the Plaintiffs’ name to the Seocho-gu unit by arranging the details of the transport; and (d) upon receiving the transport fees from the end of the following month after the transport date, the Seocho-gu unit remitted the Plaintiffs’ transport fees to the account in the name of G; and (e) G paid to the borrower the remainder after deducting 5% of the transport fees under the terms of the delegation fees.

3) Since around September 2014, G failed to fully pay transportation charges to be paid to the Plaintiffs due to the aggravation of financial standing. The transportation charges that the Plaintiffs had not received from G are as stated in the transportation charges by Plaintiff. (c) The preparation, seizure, and collection of authentic deeds and the Defendant and H are as follows: (a) the obligor (G) on December 9, 2014 during the period from August 15, 2014 to November 30, 2014, recognized that the obligee (the Defendant) was liable for the total amount of KRW 206,46,037 as the borrowed money, the oil payment obligation, and the transportation charges; and (b) the borrowed money as the borrowed money to the obligee by December 15, 2014; and (c) the Defendant and H shall pay it to the obligee by no later than December 15, 2014; and (c) the same shall apply where delay is delayed.