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(영문) 창원지방법원 2018.12.27 2018가단113921

채무부존재확인

Text

1. With respect to the transport details stated in Paragraph 1 of the attached list between the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff).

Reasons

1. Basic facts

A. The relationship between the parties 1) The Plaintiff is a corporation that engages in the oil product manufacturing business, lubrication wholesale business, and aggregate wholesale business. 2) The Defendants are individuals or corporations that own dump trucks, etc. and engage in construction machinery leasing business, transportation business, etc.

3) On December 2015, I made a contract with I for transportation (i.e., rock (hereinafter “rawstone”), aggregate, asphalt, etc., and transported dump trucks, etc. using I’s dump trucks with the trade name “K” and (ii) construction machinery leasing business, transportation business, etc.

2) At the end of March 2018, I would like to refer “L Corporation” to the Plaintiff at the site of the tunnel construction of Section 5 (hereinafter “instant construction site”).

(3) On May 31, 2018, the Plaintiff was issued a tax invoice in the name of the LOM in the name of the LOM and paid KRW 69,701,50 (including value-added tax) to the account in the name of the LOM in April 2018.

4) The Plaintiff received the tax invoice in the name of K from I on June 30, 2018, and paid a total of KRW 109,851,500 (including value-added tax) monthly transportation costs for May 2018 with the account in the name of K. C. The Defendants were using dump trucks owned by them to transport dump trucks to the Plaintiff Company at the construction site of this case, and received transportation costs from I.

2) The Defendants directly demanded the Plaintiff to pay the transport cost indicated in Paragraph 2 of the attached Table (which falls under the transport cost on May 2018) in relation to the details of the transport indicated in Paragraph 1 of the attached Table as stated in the attached Table to the Plaintiff on July 2018. 3) Some of the Defendants were paid from the Plaintiff on July 31, 2018.