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(영문) 광주고등법원(전주) 2016.12.15 2015나1173
약정금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff’s relationship 1) The Plaintiff is an enterprise that transports stone, etc. on the sea using the rock line. 2) The Defendant’s internal director G is engaged in the business of transporting stone, etc. on land using dump truck with the trade name H.

(hereinafter referred to as “H” if necessary for the convenience of understanding in relation to the above transport business. (b)

The construction companies, such as public interest industry, corporation, and large-sea construction industry, require stone necessary for reclamation in order to perform Saemangeum reclaimed land reclamation works. 2) Public interest industry corporation purchased stone from Ston Points Co., Ltd. (hereinafter “Ston Points”) and paid the stone price including transportation expenses to Ston Points until the transaction is completed on September 2013.

3) Ston points are ① Co., Ltd. (hereinafter “C”).

(2) H (G) the stone purchased as above from each of the above stone concentrations located in Boan City D, Boan City, from each of the above stone concentrations (E. hereinafter referred to as “E-ray softs”).

(3) He had the Plaintiff supplied the stone to Heung Industries Co., Ltd. in a way that he had the Plaintiff transport the stone at the site of the construction site by sea. 4) Heung Industries Co., Ltd. purchased stone from C, L and M companies and paid the stone price including transportation expenses to them on September 2013 after the completion of the transaction with Ston Points and M companies.

5) On or after May 2014, He purchased building stones from the Plaintiff, L, M, and N companies, and paid them the building stones containing transportation expenses. (c) He receives transportation expenses for the building stones transported on or after December 12, 2013 and January 2014.

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