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(영문) 수원지방법원성남지원 2007.02.09 2006가합6122
자동차인도등
Text

1. The Defendant (Counterclaim Plaintiff) receives KRW 7,500,000 from the Plaintiff (Counterclaim Defendant).

Reasons

1. Under the facts found, the following facts do not conflict between the parties, or can be acknowledged by adding up the whole arguments to the statements in Gap evidence 2, Gap evidence 3, Eul evidence 1, Eul evidence 2-1 to 6, Eul evidence 3 to 7, Eul evidence 10, Eul evidence 12, Eul evidence 13-1 and Eul evidence 13-2.

The Plaintiff, while operating a bus on October 15, 2005, destroyed or damaged the bus due to a traffic accident. On November 8, 2005, the Plaintiff: (a) requested the Defendant, who registered an automobile management business under the Automobile Management Act, to repair the bus; (b) agreed between the Defendant and the Defendant, that the parts necessary for the repair be supplied by the parts of the trade name D, which the Plaintiff operates, be supplied from the parts of D, which the Plaintiff operates, and the amount to be paid directly by the Plaintiff to C.

B. After receiving a promise from the Defendant to be liable for the payment of the Plaintiff’s parts, C supplied approximately KRW 6,79,900 to the Defendant’s Defendant’s Defendant’s place of business, which had performed the repair work of the said bus under the Plaintiff’s supervision or direction by November 30, 2005, at the Plaintiff’s request of the Plaintiff or the Defendant’s employee E, with the amount equivalent to KRW 6,79,90 of the parts as required by the Plaintiff. During the supply of the parts, C increased or decreased parts over twice, and written and issued a written estimate

C. On November 30, 2005, the Defendant was delegated by C with collection of the above part payment claim against the Plaintiff, and on December 2, 2005, the Plaintiff and the Plaintiff determined as KRW 7,500,000, excluding the part payment, namely, repair cost, excluding the part payment. Of them, KRW 6,000,000 was paid on its job and the remainder of KRW 1,50,000 was paid until April 30, 2006.

On the other hand, when D's staff E arrives at the site in order to receive the payment of the part in contact with the defendant on December 2, 2005, the plaintiff agreed to reduce the above part in 6,000,000 won between E and E, and the remaining 2,00,000 won will be paid at that site.

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