손해배상(기)
1. The defendant shall pay to the plaintiff KRW 38,510,000 and KRW 34,100,00 among them, from July 24, 2019 to the day of full payment.
1. Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 through 4 as to the cause of the claim, the plaintiff entered into a contract with the defendant to provide ship transport service on November 30, 2018 and completed the ship transport service equivalent to KRW 25,410,00,000 for the ship transport service fee of KRW 23,10,000 on December 31, 2018 and KRW 48,510,000 (= KRW 25,410,000). The plaintiff completed the ship transport service of KRW 23,10,000 on December 31, 2018. The plaintiff is a person who received KRW 10,000 from the defendant as the ship transport fee of KRW 25,410,000.
Therefore, barring special circumstances, the Defendant is obligated to pay to the Plaintiff the remainder of KRW 38,510,00 (=48,410,000 - KRW 10,000) and damages for delay calculated at the rate of 12% per annum as stipulated by the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from July 24, 2019 to the date of full payment after the original copy of the payment order was served on the Plaintiff, with respect to damages for delay calculated at the rate of KRW 34,10,00 per annum from July 24, 2019 to the date of full payment (=38,510,000 - KRW 34,100,000), with respect to the remainder of KRW 34,510,000 per annum from July 24, 2019 following the day when the original copy of the instant payment order was served on the Plaintiff.
(1) As to the Plaintiff’s claim amount of KRW 4,410,00, the interest rate of 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings shall apply only to the damages for delay calculated by 5% per annum from the day following the day when the application for amendment of the above claim was served to the Defendant, and as to the above money, it shall be recognized only to the damages for delay calculated by 5% per annum under the Civil Act from the day following the day when the payment order was served to the day when the application for amendment of the above claim was served to the Defendant. As to this, the Defendant asserted that the Defendant lent