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(영문) 서울북부지방법원 2015.04.02 2014가단40210

운송료

Text

1. The Defendant shall pay to the Plaintiff KRW 93,437,819 and interest rate of KRW 20% per annum from September 4, 2014 to the day of full payment.

Reasons

1. Basic facts

A. On April 16, 2014, the Plaintiff entered into a contract of door-to-door sales between the Defendant and the Plaintiff, taking charge of the transportation of cargo, and the Defendant settled and pays the freight and expenses therefrom to the Plaintiff on the 15th of the following month and paying the freight.

B. As of July 3, 2014, the Plaintiff’s freight claim amounting to KRW 95,917,500, which the Defendant entrusted to the Defendant pursuant to the above contract.

[Reasons for Recognition] Facts that there is no dispute, and the statements in Gap evidence Nos. 1 through 3

2. Determination

A. According to the above facts finding as to the cause of claim, the Defendant is obligated to pay to the Plaintiff KRW 93,437,819 out of the above freight claims under the selective shipment contract and delay damages calculated at the rate of 20% per annum from September 4, 2014 to the day of full payment, which is the day following the day when the instant payment order was served to the Defendant.

B. As to this, the Defendant asserted that there is a difference in the amount of the freight by granting the Plaintiff to pay the portion of the freight, but there is no evidence to acknowledge it, the Defendant’s above assertion is rejected.

3. In conclusion, the plaintiff's claim of this case is justified and it is so decided as per Disposition.