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(영문) 서울중앙지방법원 2020.06.12 2018가합563184

대여금

Text

1. The Defendant shall pay to the Plaintiff KRW 261,347,264 and the interest rate of KRW 12% per annum from July 12, 2018 to the date of full payment.

Reasons

1. Facts of recognition;

A. On December 28, 2017, the Plaintiff entered into a contract with the Defendant to transport the sand in the construction site in the construction site in the Hanam-si where the Defendant is working (hereinafter “instant contract”) with the following content:

-portable items: Contract amount (on a regular basis): 103,000 won per 25 tons dump vehicle (including value-added tax): Total contract quantity: 3,500 won - Date of payment of flag: 15th day of each month (the quantity worked by the last day of the last month);

B. According to the instant contract, the Plaintiff completed transporting of the land from December 2017 to February 10, 2018, pursuant to the instant contract.

C. As of the end of February 2018, the balance of the transport price is KRW 259,047,264. Meanwhile, when the Plaintiff engaged in the transport of sand, an excessive administrative fine of KRW 2,300,000 has occurred on the wind that the Defendant gets the enemy while the Plaintiff engaged in the transport of sand, and the Defendant had to bear it.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 9, purport of the whole pleadings

2. According to the above facts of determination, the defendant is obligated to pay to the plaintiff 261,347,264 won (259,047,264 won) plus KRW 2,300,000,000 in a balance of transport charges of KRW 259,04,000 and damages for delay calculated at the rate of 12% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from July 12, 2018 to the date of full payment after the due date, as requested by the plaintiff.

3. The conclusion is that the plaintiff's claim is reasonable, and it is so decided as per Disposition.