logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원안산지원 2015.01.29 2014가단6008
운임
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 72,017,905 to the Plaintiff (Counterclaim Defendant) and its amount from September 1, 2012 to April 14, 2014.

Reasons

1. The following facts may be found either in dispute between the parties or in accordance with Gap evidence Nos. 2, 4-1 (the same shall apply to evidence No. 6) and 5, and Eul evidence No. 2:

The plaintiff is a person who engages in the remaining soil transportation business, etc. in the trade name of "B", and the defendant is a corporation with the purpose of stone collection business, etc., and C is a corporation with the purpose of collecting soil and stone.

B. On May 29, 2012, the Plaintiff entered into a transportation contract with the Defendant to transport the earth, sand, and rock, etc. generated from the works to collect earth, sand, and rock on three parcels, other than the Gyeong-gun, Chungcheongnam-gun, and to a place designated by the Defendant, and the Plaintiff to receive KRW 42,000 for transportation charges one round back of 16km truck on the basis of the quantity of release.

(hereinafter referred to as the “instant contract”). (C)

In the instant contract, the Plaintiff was paid oil at the F station located in Pyeongtaek-si E, which is the oil station for which the Defendant entered into a fuel supply contract, and was paid after deducting fuel expenses (hump truck 1 round, 8 liter, 1,750 won per liter) when the Defendant receives transport fees from the Defendant.

On May 30, 2012, the Plaintiff transported earth, sand, and others according to the instant contract, and claimed KRW 11,649,00 as transportation charges to the Defendant, and KRW 29,527,630 as of June 30, 2012, KRW 38,129,850 as of July 31, 2012, and KRW 39,496,050 as of August 30, 2012, the Plaintiff claimed KRW 118,80 as transportation charges.

E. On the other hand, around May 29, 2012, the Plaintiff entered into a transportation contract with the Gyeong-gun Co., Ltd., Ltd., and entered into a transportation contract with the Gyeong-gun, Chungcheongnam-gun, Chungcheongnam-gun, Gyeong-gun, and 8 parcels, other than the above H, and five parcels, to transport 62,00 won at one round of 40km truck from a dump truck, and the Plaintiff would receive the freight after deducting the oil cost when receiving the transportation charge.

F. The plaintiff asserts that he received KRW 100,000 out of KRW 200,000,000 from C and did not receive the remainder, and the representative director of C is I in the name of the corporation.

arrow