beta
(영문) 서울중앙지방법원 2017.06.14 2016가단135007

운송료

Text

1. The Defendants are jointly and severally liable to the Plaintiff for 61,201,015 won and the interest rate of 15% per annum from April 13, 2017 to the date of full payment.

Reasons

1. Comprehensively taking account of the overall purport of the pleadings in the evidence Nos. 1 and 2 as to the cause of the claim, the Plaintiff is a company operating a complex logistics business, and the Plaintiff was holding KRW 86,048,50 in total amount of the unpaid transport charges incurred from September 2014 to November 201, 2014 with the trade name “D” and the Defendants jointly and severally guaranteed the obligation to pay the Plaintiff KRW 26,781,00 on November 15, 2014, and the remainder of KRW 50,245,000 on November 30, 2014.

Therefore, the Defendants are jointly and severally liable to pay the unpaid transportation charges of KRW 61,201,01,015 as well as damages for delay calculated at the rate of 15% per annum from April 13, 2017 to the day of full payment, which is the day following the final delivery of a copy of the instant complaint.

2. As to the assertion by Defendant A and B, the Defendants asserted that they cannot respond to the Plaintiff’s claim, since they belong to the deception by Defendant C and E, thereby jointly and severally guaranteeing the Plaintiff’s obligation to pay transportation fees.

However, there is no evidence to acknowledge the above assertion, and it cannot be a ground to block the plaintiff's claim, which is a third party. Thus, the above defendants' assertion is without merit.

3. The plaintiff's claim against the defendants is justified and it is so decided as per Disposition by the assent of all.