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(영문) 인천지방법원 2021.01.20 2020나51375
물품대금
Text

Of the judgment of the first instance, the part against the plaintiff falling under the following amount shall be revoked.

The defendant.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person who runs the business of lending excursion vehicles in the trade name of “C”, and the Defendant was a candidate for D elections.

B. On May 12, 2018, the Plaintiff and the Defendant entered into a contract with the Defendant to use 16 vehicles for totaling KRW 355,300,000 for 13 days, and entered into a modified contract to use 10 vehicles for totaling KRW 220,000 on May 13, 2018.

(c)

On June 16, 2018, the Plaintiff and the Defendant concluded a contract to use an election vehicle (hereinafter “instant contract”) with the following terms and conditions.

Article 1 Product Details and 10 unit price of 1.5 tons LED 100 LED : 10 unit price of engineer wage of 220,000,000 won in total: 237,000,000 won in total: The lease period of Article 2: From May 31, 2018 to June 12, 2018: 88,000,000 won (37.1%) in total

5. 12. Payment: 88,000,000 won (37.1% of the total contract amount);

6. The balance of the first payment: 39,000,000 won (16.5% of the total contract amount)

6. Any balance paid 18.2: 22,00,000 won (9.3% of the total contract amount) upon completion of the claim, Article 9 other

5. In relation to the operation and operation of an electoral vehicle, the Plaintiff shall faithfully submit documentary evidence requested by the Defendant, and all the problems arising from delay in submission and non-exploiting are responsible for the Plaintiff.

(d)

The Plaintiff provided a 13-day electoral vehicle according to the instant contract, and the Defendant paid the down payment of KRW 88,000,000, intermediate payment of KRW 88,000,000, and the first remainder of KRW 39,000,000 according to the instant contract.

E. After the completion of a D election, the Defendant claimed reimbursement of election expenses from the Incheon Metropolitan City Election Management Committee.

The Incheon Metropolitan City Election Management Committee, on August 12, 2018, deducts the total of 16,650,000 won of the rent for the election vehicle, among matters related to the election vehicle provided by the Plaintiff, and 1,257,600 won of the fuel fee for the vehicle not accompanied by receipts or evidentiary documents.

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