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(영문) 인천지방법원 2019.04.16 2017가단39510
손해배상(기)등
Text

1. The Defendant’s KRW 29,300,000 as well as 5% per annum from July 3, 2018 to April 16, 2019 to the Plaintiff.

Reasons

1. Basic facts

A. On November 16, 2016, the Plaintiff and the Defendant did not state the Defendant’s name or trade name in the transport service agreement (Evidence A1) on the transport service agreement. However, on July 19, 2018, the Defendant recognized the fact that the Defendant prepared the said agreement, and stated the written statement.

(hereinafter referred to as the “instant contract of carriage”) was made out under the said contract, and its main contents are as follows:

(1) In the following, the purpose of this Agreement is to deliver A’s transported cargo to the places designated by A by using B’s vehicle in accordance with the terms and conditions of Article 2, and A’s payment of the transportation charge to B in accordance with the terms and conditions of the Agreement.

Article 2 (Terms of Contracts, Transportation Fees, and Other Expense Details) 4.5t Twing 2008 TWing 2008 TWing 21:30-04:00 work hours for oil and tolls payment, first, the contract period of November 16, 2016 to November 16, 2017 (C) - Sungnam (D) E

(a) Details of the contract;

(b) Actual expenses in connection with freight carriage are borne by A (oil expenses, road expenses, parking expenses).

1,000,000 won per month, each of which shall be free, five times or more;

B. The money that the Defendant received from the Plaintiff regarding the instant transport contract is as follows.

1) On November 13, 2016, receipt of KRW 300,000,000, as down payment, from November 21, 2016, the Plaintiff borrowed from the F in the Bank of Korea on November 21, 2016

C. The Defendant did not pay KRW 5,000,000 for the five-month period, which was agreed to pay to the Plaintiff.

On May 2017, the Plaintiff filed a complaint against the Defendant for fraud with the content of the crime, such as the attached Table, in the early police officer.

On July 25, 2017, the prosecutor of the Incheon District Prosecutors' Office decided not to prosecute the case at issue.

The defendant shall pay the job placement fee from the plaintiff in the investigation procedure.

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