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(영문) 창원지방법원 2019.02.20 2018가단9015
원석운반대금
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On September 1, 2017, Defendant R entered into a contract for the supply of 85,00 won per unit price (including transportation expenses, value added tax) with U Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) on a truck of 25.5 tons, and around that time, Defendant R supplied 121,853,000 won in total from Nonparty Co., Ltd to November 11, 2017, and paid the price to Nonparty Co., Ltd in full.

B. On September 18, 2017, Defendant S entered into a contract for the supply of 85,000 won per unit price (i.e., the transport cost of KRW 45,000 per 25.5 tons with the non-party company (i.e., the transportation cost of KRW 40,000, value-added tax separate). From around that time to October 31, 2017, Defendant S supplied 36,278,00 won (including value-added tax) total from the sub-committee company and paid all the price to the non-party company.

C. At the request of the non-party company, the Plaintiffs are those who transport the tin to a asphalt factory operated by the Defendants from the construction site of Kimhae-si to the construction site of the non-party company.

【Ground of recognition】 Evidence 1, 2, Eul 1 through 5, Eul 1 through 4 (including each number), and the purport of the whole pleadings

2. Judgment on the plaintiffs' assertion

A. The plaintiffs' assertion ① The defendants did not properly confirm whether the non-party company was authorized to receive the price of tin transport through the submission of documents necessary for the indirect receipt of the price of tin transport (such as the letter of delegation, certificate of seal impression impression, certificate of delegating person, certificate of truster's business registration, duplicate/takeover certificate, invoice/takeover certificate, claim statement, construction machinery registration certificate, insurance receipt, etc.) and paid the price of tin transport to the non-party company. The plaintiffs are obliged to compensate for damages equivalent to the price of tin transport suffered by the plaintiffs due to the above tort.

② The Defendants, despite having been supplied with dump trucks by the Plaintiffs, shall pay the cost of transportation of dump trucks to the Nonparty Company without any legal ground.

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