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(영문) 춘천지방법원 2017.10.19 2017가단51514

운송비등 청구의 소

Text

1. The Defendant’s KRW 60,049,732 as well as the Plaintiff’s KRW 60,049,732 annually from March 10, 2017 to May 16, 2017.

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings in Gap evidence Nos. 2-1, 2, and 3, and there is no counter-proof.

On February 14, 2017, the Plaintiff entered into a voyage charter between the Defendant and the Defendant to transport chips from the Sungsan port to the Hosi Port. The freight is KRW 20,000 pert. The freight is KRW 20,000 pert. The loading and unloading cost is KRW 5,060 pert. The transportation cost and loading and unloading cost are to be paid within 15 days after loading and unloading, and the Defendant is to supply at least 2,300 tons to the cargo (hereinafter “instant charter”).

B. On February 22, 2017, the Plaintiff: (a) transported chips to Pyeongtaek Port in accordance with the instant contract; and (b) performed unloading on February 22, 2017; and (c) the actual transport chips were 1697.76t.

2. Determination

A. The Plaintiff’s assertion sought payment of KRW 50,60,00 for transportation based on the minimum quantity of chips supplied under the instant contract, KRW 9,449,733 for the goods actually transported, KRW 60,049,73 for the total amount of KRW 60,049,733 for 60,049,733 for delay and delay damages.

B. In light of the above facts, since the defendant agreed to the minimum supply volume under the contract of this case, the defendant is not obligated to pay 50,60,000 won (including 2,300 X 20,000 X 1.1, value added tax; hereinafter the same shall apply), 9,449,732 won ( X 5,060 X 1,060, X 1.1, 732 won, total sum of 60,049,732 won and delay damages from the following day of February 22, 2017 to the 15th day of March 17, 2017, which are the day after the date agreed in the contract of this case, to pay a copy of the complaint of this case from the 16th day of March 15, 2017 to the 16th day of March 16, 2017.

C. The defendant's defense is judged.