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(영문) 수원지방법원 2018.08.22 2016가단529051
물품대금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 10,826,700 to the Plaintiff (Counterclaim Defendant) and its related amount from September 24, 2016 to August 22, 2018.

Reasons

1. Facts of recognition;

A. On April 2016, the Plaintiff and the Defendant entered into a contract with the Defendant to transport and dispose of soil and sand, tin, etc. arising from the site construction site construction site construction site located in the wife population D when the Nonparty Co., Ltd. performed (hereinafter “instant contract”).

B. In the above contract, both parties paid 75,00 won per vehicle (a dump truck) to the Defendant at the cost of transportation (the reclamation is due to the fact that there is no property value and only the transportation cost) while the scarbs do not bear the transportation cost, and the scarbs per vehicle shall pay 5,000 won per vehicle to the Plaintiff (the scarbs are worth property value and the scarbs are to be paid to the Plaintiff by the Defendant after deducting the transportation cost). Since the scarbs are worth property value, the Defendant agreed to pay the above payment to the Plaintiff. The Defendant agreed to pay the Plaintiff after offsetting the expenses for soil and sand treatment to be paid by the Plaintiff.

However, the Plaintiff paid KRW 85,00 per vehicle to earth and sand transported to the reclaimed land designated by the Ministry of Land, Infrastructure and Transport (hereinafter referred to as the “ reclaimed land”) due to the poor condition of the reclaimed land, and the Plaintiff agreed to pay KRW 100,000 per 1,00 won per 25 tons of truck with large size of tin and KRW 70,00 per 15 tons of truck to the Plaintiff.

In addition, the issue of whether it is a raw stone or a wind rock is classified by the defendant as the standard for treatment at the time of bringing in the aggregate place, which is sold and disposed of by the defendant.

[The defendant's contract stating that "Puleum cancer and raw stone shall be determined by the standards for bringing in aggregate base (a evidence 1-1) is not a binding contract, but a form different from the fact that the defendant seeks funds, and the calculation of raw stone amount is determined by agreement between the plaintiff and the defendant at the time of carrying out the construction site of this case, and therefore, the invoice issued by the defendant to the plaintiff (a evidence 6) is issued by the defendant.

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