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(영문) 대구지방법원포항지원 2015.04.23 2013가단7958
부당이득금반환
Text

1. The Defendant (Counterclaim Plaintiff) is 83,487,468 won, and 5% per annum from July 23, 2013 to April 23, 2015.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On February 2008, the Plaintiff entered into a transport contract with the Defendant, which is engaged in the transportation business with a vehicle affiliated with a transport business entity (B and two vehicles) (hereinafter “instant contract”). Around March 2012, the contractual relationship was terminated.

B. Around May 10, 2013, the Plaintiff’s statement of accounts receivable prepared with the following content (hereinafter “instant statement”) is written by the Defendant’s private person on the following: (a) the written statement of “A” from 2010 to 2011; and (b) the written statement and name of the assignee A.”

1) Claim A for the Plaintiff due to the instant contractual relationship: 189,138,618 Na) and other taxes: 85,159,09,096 d) and other taxes: 50,462,742 d) vehicle sale proceeds (C.D.): 412,760,456 d) and freight subsidies (20,137,391 b) to the Defendant under the instant contractual relationship: 20,041,50 d) and 36763: 467,76368,747,746363,763636,747,76364,76367,367,467,367,46367,467,367,467,367,3764,467,367,3764,367,467,3764,367

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 stated “I will hand over the data of 2010 to 2011” at the bottom of the transport statement in 2011, and there is no fact that I signed the instant statement without viewing it.

Therefore, the Plaintiff is responsible for the instant statement.

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