beta
(영문) 서울남부지방법원 2016.07.14 2015가단218420

운송비지급

Text

1. The Defendant: (a) KRW 103,085,992 for the Plaintiff and KRW 6% per annum from January 1, 2013 to September 30, 2013; and (b) the Plaintiff.

Reasons

1. Facts of recognition;

A. On November 2012, the Plaintiff entered into a transport service agreement with the Defendant, a corporation (hereinafter “instant contract”) which was subordinate place of business and did not complete the registration of the corporation, with the content that the Plaintiff will transport Dong cable wastes discharged by the KT Logistics Center to a place designated by the Defendant’s Department of Business by December 31, 2012, and receive transportation expenses of KRW 23,00 through KRW 41,700 per ton (excluding value-added tax) and would settle them after mutual consultation at the time of occurrence of additional transportation expenses due to the commercial work (hereinafter “instant contract”). By December 28, 2012, the transportation service agreement was concluded with the Defendant’s unpaid transportation expenses by December 31, 2012 (hereinafter “instant transportation expenses”).

B. After March 8, 2013 and October 14, 2013, the Defendant sent to the Plaintiff each official document stating that he/she will pay the instant transportation cost by September 30, 2013, and that the instant transportation cost would be paid by July 8, 2013, and around January 6, 2014, the instant transportation cost would be paid by January 28, 2014 at the rate of 20% from February 28, 2014 to March 31, 2014.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 7, and 9 (including a tentative number, and the defendant asserts that Gap evidence No. 3 was forged, but it is not sufficient to acknowledge it only with Gap evidence Nos. 10, Eul evidence Nos. 2 and 4 through 7, and no other evidence to acknowledge it exists), Eul evidence No. 1, and the purport of whole pleadings

2. According to the facts found in the determination as to the cause of the claim, it is reasonable to view that the Defendant agreed to pay the instant transport expense unpaid to the Plaintiff. Thus, barring any special circumstance, the Defendant is the year prescribed by the Commercial Act from January 1, 2013 to September 30, 2013.

참조조문