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(영문) 인천지방법원 2015.06.04 2013가단77149

매매대금반환

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On January 201, the Defendant purchased a large truck of C (hereinafter “instant truck”) and began to enter the instant truck into D Co., Ltd. (hereinafter “D”) and to work as a branch owner.

B. D had the Defendant take full charge of transporting the E company’s wastes to the Hanban Waste Reclamation Site in case of drinking water, and allocated another transport day on the day on which the E does not have any transport of wastes.

C. From August 2012, the Defendant, in consultation with D, bears all the expenses, such as oil cost, and instead paid 3.15 million won per month the Defendant’s vehicle cost on behalf of D, the Defendant began to serve as a monthly salary engineer who receives 3 million won as monthly salary from D.

Even after the defendant was converted into a monthly engineer, D did not change the transportation date that D allocates to the defendant.

From January 2013 to May 201, the Defendant had been transporting at least 15 times a month to a maximum of 23 times a month, and most of them had been transporting E’s wastes to a Korea-China waste reclamation site.

E. The Plaintiff concluded a contract with the Defendant to purchase the instant truck in KRW 135 million (hereinafter “instant sales contract”), and paid a down payment of KRW 1 million on June 8, 2013 according to the said contract, and subrogated for KRW 91,349,564 of the secured debt of the right to collateral security established on the instant truck on June 13, 2013, and paid a balance of KRW 42,650,436 on June 14, 2013, and paid a full payment of the purchase price.

F. The Plaintiff began to work as a branch owner of D, and D, including the date of waste transport of E, assigned to D as it is, as it is, the date of transport that D previously allocated to the Defendant.

G. However, around June 11, 2013, around the time of the conclusion of the instant contract, the amount of wastes sent to E as a Hanbro waste reclamation site was reduced due to an explosion that occurred in the Hanbro waste reclamation site on June 11, 2013, and accordingly, D decreased the transport date allocated to the Plaintiff.

(h) thereafter;