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(영문) 서울중앙지방법원 2016.12.21 2015가단187728

운송대금

Text

1. The Defendant’s KRW 25,620,947 as well as 6% per annum from May 1, 2015 to December 21, 2016 to the Plaintiff.

Reasons

1. The occurrence of liability for the carriage cost;

A. The facts of recognition (1) The plaintiff is a company that engages in regular cargo transport business, etc. and the defendant is a company that engages in marine cargo transport business.

(2) The Plaintiff was entrusted by the Defendant with the inland cargo transport service for transporting automobile parts produced by KoreaMM Co., Ltd from Gunsan City to Mayang Port, and processed the transportation service from November 201 to February 2015.

(3) Until February 2015, the transport amount that the Plaintiff performed as a transport business and did not receive from the recipient is KRW 74,030,127.

[Ground of recognition] Facts without dispute, Gap evidence 1 through Gap evidence 4, Eul evidence 1, Eul evidence 20, Eul evidence 21, Eul evidence 21, the purport of the whole pleadings

B. According to the above facts of determination, the Defendant, barring any special circumstance, is the Plaintiff with the transportation charge of KRW 74,030,127 and the payment period of the transportation charge of delay damages, which was April 30, 2015.

shall be liable to pay such amount.

2. Judgment on the defendant's argument of set-off

A. The Defendant’s assertion (1) was entrusted by the Plaintiff with the duties of land transportation and customs clearance of cargo from the Plaintiff to the area Earbane scoo, and all of the duties were performed. Since there was an additional cost of USD 62,338 due to the Plaintiff’s mistake in the course of performing the duties, the Plaintiff is obligated to reimburse the Defendant for the above additional cost.

(2) Since the Defendant expressed his/her intent of offset upon the submission of the instant reply by setting the Defendant’s claim for the above additional cost claim against the Plaintiff as the automatic claim, and using the instant transport cost claim as the passive claim, the Defendant’s claim for the instant transport cost claim, which is the passive claim, was extinguished on January 11, 2016 retroactively from the amount equal to that of the instant automatic claim, 79,017,826.6, which is the set-off date, and does not exist.

B. The facts of recognition (1) The Eastern Steel Co., Ltd., Ltd., on August 11, 2014, used for the construction of the construction by the construction of the New Embane to the Plaintiff.