beta
(영문) 서울중앙지방법원 2016.12.01 2015나60923

운송료

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The plaintiff is a company that operates cargo transport business, and the defendant is a company that engages in manufacturing and wholesale and retail business of clothing.

B. On November 1, 2012, the Plaintiff entered into a transport contract with the Defendant with the following terms and conditions (hereinafter “instant contract”).

Article 1:The plaintiff agrees to carry out his duties on the basis of the principle of good faith and sincerity as provided in each of the following subparagraphs, with mutual cooperation in the performance of transportation duties entrusted by the defendant, and the defendant agrees to pay the plaintiff the freight according to the performance of the contents of the agreement.

Article 6:Transportation Items and Rates (unit: Cm, raw/Box, and VAT) the former part of the Cargo Specifications (hereinafter referred to as "tax base, weight) (hereinafter referred to as 80cc in Jeju region located in the same region located in the same region as that located in another region (1,800 1,800 1,800 3,500: 7: The Plaintiff shall, upon request for carriage, issue a tax invoice to the Defendant at the end of the designated date of each month, and the Defendant shall pay in cash within 15 days after the receipt of the tax invoice.

Article 9: The term of a contract under this contract shall be from November 1, 2012 to October 31, 2013;

Provided, That if both parties do not raise a separate written objection 30 days prior to the expiration date of the contract period, the contract period and conditions shall be automatically extended every one year in the same manner as the previous contract.

C. According to the instant contract, the Plaintiff performed the duty of transporting goods entrusted by the Defendant from November 1, 2012 to November 201, 2013.

Although the Defendant paid the Plaintiff the transportation fee up to September 2013, the Defendant did not pay KRW 10,581,000 and KRW 7,200 on November 2013.

[Reasons for Recognition] Evidence Nos. 1 through 6, Evidence No. 7-1 and 2, the purport of the whole pleadings

2. The parties' assertion and judgment

A. According to the above facts of determination as to the cause of the claim, the Defendant shall pay the Plaintiff the transportation fee of KRW 10,588,200.