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(영문) 수원지방법원 평택지원 2018.07.06 2016가단42232
손해배상(기)
Text

1. The plaintiff's main claim is dismissed.

2. The plaintiff's conjunctive claim part among the lawsuit of this case shall be dismissed.

Reasons

1. Facts of recognition;

A. C Co., Ltd. (hereinafter “C”) concluded a financial lease agreement with the Plaintiff to purchase seven special motor vehicles, which remodeled the freight cars into a food truck, by concluding a financial lease agreement with the Plaintiff. On July 2015, 2015, Haman requested the Defendant to make an estimate on the manufacture of a food truck special vehicle.

B. Around July 27, 2015, the Defendant: (a) drafted and provided a written estimate of KRW 29,986,000 per unit to C with the cost of manufacturing a special motor vehicle, including external storage facilities and internal storage facilities.

(A) Evidence No. 8)

C. Around August 21, 2015, on the basis of the presumption of the offer by the Defendant between the Plaintiff and the Plaintiff, C entered into a financial lease agreement with the Plaintiff at KRW 46,512,260,00, including the Defendant’s special travel cost of KRW 29,986,00,00, in the basic vehicle price per the Defendant’s special travel cost of KRW 12.6% per annum, the lease period of KRW 60,60 per annum, the repayment method of the principal and interest equal repayment, the remaining value of KRW 10,000 per annum, the annual agreed distance of 100,000 km, advance payment amount of KRW 8,857,20, and monthly rent of KRW 848,400 per annum.

(A7, 9 Evidence) d.

On the other hand, on July 2015, C paid KRW 62,00,40, 200, out of the total production cost of 7 special vehicles in accordance with the above estimate, to the Defendant on July 2015, C requested the Defendant to manufacture special vehicles (hereinafter “instant special vehicles manufacturing contract”). After that, on August 21, 2015, the Plaintiff directly paid the Defendant the remainder of the special vehicles manufacturing cost of KRW 147,901,60 (80%).

(A12, 13). E

On the other hand, while entering into the instant special model manufacturing contract, C and the Defendant entered into a special agreement as follows (hereinafter “instant special agreement”).

(A) evidence 7-Ga number 2). During the manufacture of a special funeral, the installation of a funeral shall be carried out by the defendant, and the installation of a funeral shall be carried out by C.

The defendant shall refund the total of KRW 71,456,00 per unit of 10,208,000 among the special funeral expenses received from the plaintiff C at the cost of installing the interior house.

Where the relevant vehicle is not certified as a food truck with respect to the installation of a interior installed by C, C shall guarantee the payment of KRW 71,456,000, which has been returned to the Defendant.

F. The defendant

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