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(영문) 서울동부지방법원 2014.09.26 2014가합893

용역대금

Text

1. The Defendant’s KRW 163,605,984 for the Plaintiff and 6% per annum from November 1, 2013 to February 3, 2014.

Reasons

1. The parties' assertion

A. (1) On July 2012, the Plaintiff and the Defendant, who is running trucking transport business under the transport service contract, concluded a transport service contract with the purport that, if the Plaintiff performed the transport service that the Defendant requested to the Plaintiff orally, the Defendant shall settle the transport cost on the last day of each month and pay the transport cost to the Plaintiff by the 15th day of the following month. On February 7, 2013, the Plaintiff drafted a transport service contract in order to confirm the existing transaction relationship under the above transport service contract, and the main contents are as follows.

Article 1 (Purpose) The purpose of this Agreement is to clarify the matters necessary for the transportation service contract in which the Defendant uses the Plaintiff’s vehicle and the Plaintiff’s transportation engineer to transport the goods and pays the prices for the carriage of his goods, and the rights and obligations between the Plaintiff and the Defendant.

Article 5 (Claim and Payment of Price) (1) The Plaintiff shall settle the service price for the previous month on the 10th of each month in accordance with the settlement method set forth in this contract, and submit a statement of settlement and a tax invoice to the Defendant to pay the price, and the Defendant shall review within five days from the date of submission and pay the price in cash if no objection is raised.

Article 15 (Term of Contract) The term of contract under this Agreement shall be from February 7, 2013 to February 6, 2014.

(2) The plaintiff and the plaintiff branch owners shall perform transportation services from the first day of each month to the last day of each month in accordance with the order of dispatch by letter, mail, or telephone of the defendant's person in charge of the transportation, and the defendant's person in charge shall prepare two copies of the transaction statement prepared by the plaintiff's respective branch owners as of the last day of each month and send one copy to the defendant, and the plaintiff shall issue the electronic tax invoice to the defendant as of the last day of each month, and the defendant shall issue the electronic tax invoice to the defendant as of the last day of each month, and there is no difference between the amount of the electronic