beta
(영문) 서울서부지방법원 2017.09.12 2016나4550

운송비

Text

1. The defendant's appeal is dismissed.

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

3.Paragraph 1 of the text of the judgment of the court of first instance.

Reasons

1. In full view of the following facts: (a) there is no dispute between the parties to the determination on the cause of the claim; or (b) the Plaintiff transported heavy equipment on September 17, 2015 and November 27, 2015 at the request of the Defendant; (c) the transport cost of the transport is a total of KRW 8,195,00 (including value-added tax); and (d) contrary to the foregoing, the part on the number of evidence No. 2 cannot be used as evidence because there is no dispute between the parties that the Plaintiff did not state it; and (e) the mere statement of evidence Nos. 1 and 2 is insufficient to reverse the recognition.

Therefore, the Defendant is obligated to pay to the Plaintiff the remainder transport cost of KRW 5,195,00 ( KRW 8,195,000 - KRW 3,000), which is the next day from June 28, 2016, which is the next day from June 28, 2016 to the day of full payment, plus damages for delay calculated at the rate of KRW 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which is the next day from June 28, 2016 to the day of full payment.

2. In conclusion, the plaintiff's claim in this case is justified, and the judgment of the court of first instance is just in conclusion, and the defendant's appeal is dismissed as it is without merit. However, since it is obvious that the "after the delivery of the copy of the complaint" in paragraph (1) of the judgment of the court of first instance is a clerical error from June 28, 2016, it is correct to correct it.

It is so decided as per Disposition.