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(영문) 광주지방법원 2020.07.17 2019나2199
약정금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

purport.

Reasons

1. Summary of the parties' arguments;

A. The Plaintiff agreed with the Defendant to collect and transport wastes, such as bean area, generated by the Defendant Company C (hereinafter “Nonindicted Company”), in a total of 27 times from October 1, 2017 to October 20 of the same month.

Therefore, the defendant is obligated to pay 8.1 million won to the plaintiff (300,000 won x 27 times).

B. The defendant agreed to pay to the plaintiff 10,000 won per one time after deducting the price for bean amount of 100,000 won for each payment to the non-party company. On the other hand, the plaintiff was engaged in the 13-time transportation instead of 27 times.

Therefore, the defendant is only obligated to pay 2.6 million won to the plaintiff (2.6 million won x 13 times).

2. In full view of the purport of the entire pleadings in each of the statements in evidence Nos. 1, 2, and 3, the Plaintiff operates cargo transportation business under the trade name of “D”. The Defendant was in charge of collecting and transporting wastes, such as bean, arising from the two sub-factory operated by the non-party company, and the Plaintiff entered into an agreement with the Defendant on October 1, 2017 to recover and transport wastes at KRW 300,000 per time on behalf of the Defendant by October 20, 2017 and completed the work of collecting and transporting wastes at KRW 27 times on behalf of the Defendant.

Meanwhile, it is insufficient to reverse recognition only with the statement of evidence Nos. 1 and 2 submitted by the Defendant, and there is no evidence to prove that the Defendant paid 100,000 won for the recovery and transport of wastes to the non-party company once as alleged.

Therefore, as the defendant seeks from October 24, 2017 to January 17, 2019, the delivery date of a copy of the complaint of this case from October 24, 2017 to the delivery date of a copy of the complaint of this case, 8.1 million won to the plaintiff (3.3 million won x 27 times) and 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

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