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1. On May 8, 2014, Suwon District Court Decision 2014Da7260 of the Defendant’s Housing Site Costs case against the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a company running a trucking transport business, trucking transport business, trucking transport brokerage business, etc. with the trade name “stock company B” and changed the name of the trade name as of April 30, 2015 during the instant lawsuit, and the Defendant is a private person running a general cargo transport business with the trade name “D”.
B. On May 8, 2014, the Defendant filed a lawsuit against the Plaintiff seeking payment of transportation fee of KRW 10,695,905 and delay damages therefor, with the Suwon District Court KRW 2014da7260, and the said court rendered a decision on performance recommendation (hereinafter “decision on performance recommendation of this case”) with the purport that “the Plaintiff shall pay to the Defendant the amount of KRW 10,694,905 and the amount calculated at the rate of KRW 20% per annum from the day following the delivery date of the copy of the instant complaint to the day of full payment.”
C. The instant decision on performance recommendation was served on the Plaintiff on June 8, 2014, and was finalized on June 24, 2014.
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
2. Summary of the parties’ assertion
A. The Plaintiff entered into a transportation contract with the Plaintiff’s secondary transportation company and left it to E, and the Defendant only entered into a transportation contract with E.
Therefore, compulsory execution based on the decision of execution recommendation of this case on the premise that the plaintiff is a party to a contract of carriage should be dismissed.
B. Defendant 1) On November 2013, 2013, between F and F on behalf of the Plaintiff, the Defendant is the steel bars of the secondary transport service corporation (hereinafter “instant steel bars”).
2) The Plaintiff entered into a transport contract with the content that the Plaintiff will transport and receive the transport charges, and the transport charges of KRW 15,194,905 (including value-added tax; hereinafter the same shall apply) arising from the instant steel transportation from December 3, 2013 to January 2014.
) Of the two, KRW 10,694,905, which is the remainder after deducting KRW 4.5 million received on February 6, 2014, should be paid from the Plaintiff. 2)