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(영문) 수원지방법원안산지원 2017.07.06 2016가합6849

운송료

Text

1. The Defendant’s KRW 10,586,284 as well as the Plaintiff’s annual rate of 6% from June 21, 2016 to July 6, 2017.

Reasons

1. Basic facts

A. The status of the parties is a company with the objective of door-to-door shipping business, general trucking transport business, etc., and the defendant is a company with the purpose of trucking transport business (transport business, freight forwarding business, and franchise transport business).

B. On May 28, 2013, the Defendant entered into a transport contract between the Defendant and A with the content that the Defendant would pay the transport fees to A when transporting the goods requested by the Defendant from the customers (hereinafter “prior transport contract”).

Article 3 of the preceding transport consignment agreement of this case provides that "transport charges shall be paid according to the rates set for each transport section. Separate from this contract, transport charges may be adjusted through annual consultation. Sundays, holidays and Saturdays shall be closed."

C. A (i) the transfer of business between A and the Plaintiff, and the transport consignment agreement between the Defendant and the Plaintiff, etc. (i) the transport of the goods entrusted by the Defendant from June 2013 to March 2015, and (ii) the Plaintiff, on March 10, 2015, transferred the transport fare to the Plaintiff along with all manufacturing equipment, etc. necessary to operate the route operation and the cargo train operation pursuant to the instant preceding transport consignment agreement. (ii) After obtaining the consent of the said transfer, the Plaintiff obtained the consent of the said transfer from the Defendant. On December 1, 2014, the Plaintiff entered into the said consignment consignment agreement with the Defendant that the Defendant would pay the transport fare separately agreed upon between the Defendant and the Plaintiff for each type of the operation and the transport section (hereinafter “after the instant consignment consignment agreement”). In calculating the transport fare, the method of calculating the transport fare was different as is provided by the Defendant and the Plaintiff.

3. From March 2015 to March 2016, the Plaintiff performed the freight transportation business entrusted by the Defendant, and the Defendant from April 2015 to April 2016 to the Plaintiff.