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(영문) 의정부지방법원 고양지원 2017.01.12 2016가단16637

대여금 등

Text

1. Defendant B Co., Ltd.: 13,381,327 won and 6% per annum from April 24, 2016 to July 22, 2016 to the Plaintiff.

Reasons

1. Claim against Defendant B

A. The Plaintiff entered into a transport contract with the Defendant Company B (hereinafter “Defendant Company”) and carried out soil and sand transport at the request of the Defendant Company from April 8, 2016 to April 23, 2016, and the freight amounting to KRW 13,381,327.

[Ground of recognition] The defendant company has a duty to pay to the plaintiff 13,381,327 won, according to the fact that there is no dispute, Gap's evidence 3, and the purport of the whole pleadings.

B. As to the assertion of the Defendant Company, the said Defendant paid the principal payment on behalf of the Plaintiff, the Defendant’s defense that the claim for indemnity would be offset within the extent of the amount equal to the Plaintiff’s freight claim.

In addition, there is no evidence to acknowledge the above assertion by the defendant company, and the plaintiff asserts that the principal payment that the defendant company paid on behalf of the defendant company is deducted from the loan to the defendant C with the knowledge that it was repaid by the defendant C, the representative of the defendant company, and therefore, the claim by the defendant company is not accepted.

(A) A claim against Defendant C on February 2, 200

A. From January 30, 2016 to April 20, 2016, the Plaintiff loaned a total of KRW 25.3 million to Defendant C. Of these, the Plaintiff’s employees (D, E)’s benefits of KRW 9.6 million, KRW 3,602,097 paid by Defendant C on behalf of the Plaintiff, and KRW 13,962,097, which remains after deducting KRW 7.60,000 from the subrogated payment for automobile repair costs (=2,530,000 to KRW 3,60,02,000,000 to KRW 9.67,000,000,000) were the claim of this case.

(b) Applicable provisions of Acts: Article 208 (3) 3 of the Civil Procedure Act.