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(영문) 대구지방법원 2016.01.13 2015나7716
부당이득금반환
Text

1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.

purport, purport, and.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff was established for the purpose of freight forwarding, storage and transportation business, and entered into a transportation contract (hereinafter “instant contract”) around February 2008 with the Defendant running the transportation business with a rolling stock (B and two vehicles). Around March 2012, the contractual relationship was terminated.

B. On May 10, 2013, at the bottom of the “A” statement prepared by the Plaintiff (hereinafter “instant statement”) with the following contents, the phrase “I will hand over the data from 2010 to 2011. I will hand over the data. I will hand over the data from 2010 to 2011,” and the Defendant’s signature is written next to it.

1) Claim A for the Plaintiff due to the contractual relationship between the Plaintiff and the Defendant: 5,159,09,096 won and other taxes: 50,462,742 d) vehicle sales proceeds (C, D): 8,760,456 d) small amount: 412,760,456 d) transportation expenses: 562,937,3912 oil subsidies (20,201, 201): 20,041,50 d) automobile sales proceeds (E, F,77,75,740 d) and other taxes: 30,467,76363,74636,747,36364,367,367,367,476364,367,467,367,367,46364,367,467,3764,3764,367

2. The parties' assertion

A. Since the Plaintiff’s instant specifications are the final settlement details between the Plaintiff and the Defendant, the Defendant is obligated to pay to the Plaintiff KRW 83,487,468 according to the instant specifications and damages for delay.

B. On May 10, 2013, the Defendant received the transport statement from the Plaintiff in 2010 and 2011, and only handed over the data of 2010 to 2011 at the bottom of the transport statement in 2011. The Defendant merely stated “A”.

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