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(영문) 서울남부지방법원 2017.11.10 2016가단47861
부당이득금반환
Text

1. The Defendant’s KRW 39,408,00 for the Plaintiff and 6% per annum from June 6, 2017 to November 10, 2017.

Reasons

1. Facts of recognition;

A. On April 18, 2016, the Plaintiff entered into a contract to take over one ton of c3,000,000 won in freezing towers (hereinafter “instant contract”) under the following conditions, which may bring high income between the Defendant Company and the Defendant Company operating a cargo transport business, cargo transport business, and consignment delivery and delivery business, and one ton of c3,00,000 won (the highest level of vehicle condition, 2013, 200, 200, 200, 2000 won for introduction to C on April 10, 2016, and paid 1,000,000 won for vehicle acquisition to the Defendant as the vehicle acquisition price, and the Defendant paid the Defendant KRW 10,000,000,000 for the same month as the vehicle acquisition price:

-Working Hours 04:30 to 18:00 - Monthly Wage 4,900,000 (2,450,000 Won 2,450,000) - Oil, road expenses, fuel subsidies and value-added taxes shall be provided, in accordance with the provisions and insurance premiums shall be subject to freight deduction.

- It is processed food and tools companies that are operated continuously by the Defendant Company.

B. The Plaintiff demanded the Defendant to purchase a vehicle agreed on several occasions.

However, as the Defendant did not implement the contract on the ground of this reason, the Plaintiff sent to the Defendant a certificate of content that the contract of this case was rescinded on November 21, 2016 on the ground of the Defendant’s nonperformance of the duty of delivery of vehicles, and on the 24th of the same month, the Defendant sent a certificate of content to the same effect.

C. On the other hand, the Defendant, from May 23, 2016, called the Plaintiff to temporarily operate the Defendant-owned vehicle from May 23, 2016, had the Defendant work in Geumcheon-gu, Seoul, as the Defendant’s business partner, to work in D E, a construction district company, and the Plaintiff carried out the transportation work by dividing into E into the A.M. (8:1:00 p.m.) and the P. (11:0 p.m. to 19:0 p.m.).

On September 20, 2016, the Defendant paid KRW 734,000 to the Plaintiff on September 20, 2016, but thereafter, the Plaintiff paid the oil cost of KRW 734,00.

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