운송료
1. The Defendant shall pay to the Plaintiff KRW 211,100,000 as well as 15% per annum from April 21, 2018 to the date of full payment.
1. On November 30, 2017, the Plaintiff: (a) transported the wind power generation machinery, etc. produced by the Defendant into the sea from the port of call or from the port of call to the Defendant; (b) agreed to receive the transport charges (excluding value-added tax) from the Defendant in return for the marine transport of the wind power generation machinery, etc. produced by the Defendant from the port or port of call; (c) the transport charges (excluding value-added tax: 25,000,000,000, in the section: 8,000,000, in the section; (d) as prescribed in the instant transport contract; (e) the Plaintiff transported the wind power generation machinery, etc. of the Defendant from December 30, 2017 to February 2, 2018; (e) there is no dispute between the parties; and (e) the Plaintiff was paid KRW 233,200,000 from the said Defendant; and (e) the Plaintiff was paid KRW 22,100,00.
Therefore, the Defendant is obligated to pay to the Plaintiff the remainder of the transport charges of KRW 211,100,000 (=233,200,000 - 22,100,000) and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from April 21, 2018 to the date of full payment, as sought by the Plaintiff.
2. As to the defendant's argument
A. The gist of the assertion was on December 24, 2017, the Plaintiff: (a) shipped the Defendant’s wind power generation engine to the Plaintiff’s ship at the burial ground No. 6 adjacent to Sinpo City C on December 24, 2017; (b) but (c) was waiting to delay departure due to bad weather conditions
On December 27, 2017, the vessel of D Co., Ltd., at the same time, caused the collision between the Plaintiff’s vessel and the Plaintiff’s vessel (hereinafter “instant accident”) on the wind that the Plaintiff’s vessel could not be identified due to strong wind at night, and the said wind power generation device was destroyed on the Plaintiff’s vessel.
As a result, the defendant spent 677,30,562 won at the repair cost of the above wind power generation devices and installed the wind power generation devices during the repair period.