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(영문) 수원지방법원 2017.06.08 2016나67219
부당이득금반환
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The following facts do not conflict between the parties, or each entry in Gap evidence Nos. 1 to 4 and Eul evidence No. 1 (including branch numbers), respectively, may be admitted by taking into account the whole purport of the pleadings:

The defendant is a corporation established to achieve the common purpose of trucking transport service providers in accordance with the Trucking Transport Business Act that operates mutual aid projects, such as compensation security projects due to traffic accidents of trucking service providers, and the plaintiff is a corporation that is entrusted with and manages the motor vehicle of a local owner while running

B. A, B, C, and D (hereinafter “the instant land owners”) entered into an entrustment management contract with the Plaintiff on each of the instant land (hereinafter “each of the instant consignment management contract”), and filed a lawsuit seeking payment of each of the instant land owners’ respective charges deducted from each of the instant land owners’ respective charges, deposits, etc. (hereinafter “the instant lawsuit”). On July 20, 2015, the claim against the Plaintiff on July 20, 2015, as Suwon District Court Branch Branch Branch 2015No694, the instant land owners’ termination of each of the instant consignment management contract. As such, the instant land owners’ termination of each of the instant consignment management contract, and the Plaintiff filed a lawsuit seeking payment of each of the instant land owners’ respective charges for transportation with the Plaintiff, as additional charges, deposits, etc. (hereinafter “the instant lawsuit”).

C. On December 28, 2015, when the lawsuit related to the instant case was pending, the Plaintiff added a total of KRW 3,670,804 = A 1,134,545 won B 1,054,927 won C 1,159,042 won D 32,292,290 won and hereinafter referred to as “total”).

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