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(영문) 수원지방법원 2019.07.18 2018가단11820
대여금
Text

1. The Defendant’s KRW 38,129,00 for the Plaintiff and 5% per annum from April 6, 2018 to July 18, 2019.

Reasons

Plaintiff’s assertion

The Plaintiff and the Defendant transported soil and sand in accordance with a soil and sand transport contract at the construction site of Suwon C and caused a transportation charge of KRW 2,700,000. The Plaintiff transported soil and sand in accordance with a soil and sand transport contract at the construction site of Suwon D and caused a transportation charge of KRW 61,765,00 (i.e., KRW 437 x KRW 120,000 x KRW 115 x KRW 115 x KRW 75,000 + KRW 700 for the disposal cost of recycled aggregate).

The Plaintiff received reimbursement of KRW 32,700,000 among them.

Therefore, the defendant is obligated to pay to the plaintiff 38,211,500 won [2,700,000 won = (61,765,00 won) x value-added 1 - 32,700,000 won].

Judgment

The Plaintiff filed a claim for the transportation cost of soil and sand at Suwon C Corporation at around September 2016, concluded a soil and sand transport contract with the Defendant on the site of Suwon C Corporation at around September 2016, and the fact that the Plaintiff performed the duties between September 29, 2016 and October 1, 2016 does not conflict between the parties.

The defendant is the person whose unpaid amount is 2,625,00 won.

However, it is not sufficient to recognize the fact that the above C earth and sand transport costs exceeded the scope of the Defendant’s identity, and there is no evidence to prove otherwise.

The Plaintiff’s assertion that exceeds this is difficult to accept.

Around September 2017, the Plaintiff and the Defendant concluded a soil transport contract at D D on the site of Suwon-si, and the Plaintiff concluded a soil transport contract at D on the site of Suwon-si in order to determine the transport cost of the vehicle (24 tons dump truck), KRW 75,00 per minute for the vehicle (24 tons dump truck), KRW 120,00 for the mixed soil, and KRW 120,00 for the mixed soil, and KRW 120 for the mixed soil, and KRW 15,00 for the kinds of soil. The Plaintiff’s removal of soil from September 13, 2017 to October 21, 2017. After that, the Plaintiff did not dispute between the Plaintiff and the Defendant’s captain and the 437 large-scale soil and the 15 large-scale soil on the site of the Defendant, or between the parties to the dispute, or between the Plaintiff and the 15th 7th 15th dump.

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