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(영문) 의정부지방법원 2016.11.22 2016가단318
화물운송료
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Determination as to the cause of claim

A. The Plaintiff’s assertion from around 2007 to around 31, 2014, the Plaintiff, a representative director of the Defendant, engaged in cargo transport transactions with “E”, which is a business operator, and entered in E by May 31, 2014 (in a preparatory document dated August 30, 2016, until February 2015), and continued transactions with the Defendant, and the total amount of the outstanding amount reaches KRW 34,465,00 (hereinafter “the instant transport payment”).

C As to the instant transport charges, the Defendant shall pay to the Plaintiff, since it was approved that the Defendant would pay the instant transport charges, or since the instant transport charges occurred by performing the transport transaction under the name of the Defendant.

B. 1) Determination 1) The facts acknowledged in the judgment of other civil cases, etc., even though not bound by the facts established in the judgment of other civil cases, etc. in the relevant legal principles, are valuable evidence, barring any special circumstance, and thus, it cannot be rejected without a reasonable ground (see, e.g., Supreme Court Decisions 92Da51372, Mar. 12, 1993; 94Da3302, Jan. 12, 1995; 94Da47292, Jun. 29, 1995). (1) The Plaintiff filed a claim against D on November 25, 2015 for transportation charges from around 207 to December 2013, 208, for transportation charges of KRW 33,315,00,00 (see, e.g., Supreme Court Decision 94Da33002, Jan. 12, 1995).

The facts are acknowledged, but there is no evidence to acknowledge that the plaintiff's transportation charges of KRW 1,490,00,00, which are claimed that the plaintiff transferred the construction materials in addition to D.

After doing so, “31,825,000 won, a unpaid transport charge bond, has expired by prescription as it was not exercised for one year from the time the last transport was completed.”

“....”

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