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(영문) 대구지방법원 2020.11.11 2020가단100311
매매대금반환
Text

1. As to the Plaintiff KRW 149,909,00 and KRW 145,00 among them, the Defendant shall pay to the Plaintiff KRW 145,00 from November 1, 2019, KRW 4,909,00.

Reasons

1. Facts of recognition;

A. On April 10, 2019, the Plaintiff and the Defendant were in exclusive charge of the carriage of the goods designated by the Defendant, and the Plaintiff concluded a transport contract with the content that purchased the truck from the Defendant and transported the goods designated by the Defendant using the truck, and then receive the transport cost from the Defendant.

The Plaintiff paid KRW 145 million to the Defendant, which was determined as the purchase price of vehicles under the above contract.

B. The Plaintiff and the Defendant agreed to terminate the above transport contract on October 2019, and the Defendant agreed to return the money received as the above vehicle price to the Plaintiff.

C. The average daily transportation charge under the above transport contract was set at KRW 6.7 million.

The Plaintiff transported goods on 12 occasions between May 2, 2019 and May 24, 2019, according to the Defendant’s instructions.

The transportation charge under the transportation contract for the above 12 carriages is KRW 8,40,00 ( KRW 670,000x 12).

[Evidence] Evidence Nos. 1 through 8, the purport of the whole pleadings

2. Determination

A. According to the above facts, the defendant is obligated to return the automobile sales price of KRW 145 million to the plaintiff upon termination of the contract of carriage, and to pay the 4,909,000 and damages for delay as claimed by the plaintiff among the above transportation charges stipulated in the contract of carriage by the plaintiff.

B. The Plaintiff asserted that the vehicle purchased by the Plaintiff needs to repair during the transport, and the repair cost of KRW 2,712,100 was required, and that the Defendant agreed to pay it, and thus, the Plaintiff is obligated to pay it. However, the Plaintiff’s claim for this part of the Plaintiff’s claim is without merit, as there is no other evidence to acknowledge it.

3. Conclusion cites part of the Plaintiff’s claim: 149,909,00 won (=145,00,000 won) and damages for delay KRW 145,00,000 for the amount of 145,000 as of November 1, 2019, and 4,909,000 as of the end of the following month after the end of each month.

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