운송료
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Determination as to the cause of claim
A. The Plaintiff’s assertion 1) The Plaintiff, at the Defendant’s request, transported the goods from October 2013 to January 2014, the Plaintiff, and the Plaintiff, as to the specific details thereof, transported the goods designated by G from October 29, 2013 to January 19, 2014. On the ground that part of the goods from G were requested by the Defendant, the Plaintiff heard that the Defendant would receive the payment from the Defendant, and confirmed the Defendant, and requested that the Defendant continue to transport the goods by stipulating that the Defendant would pay the transportation fee, and request that the Defendant will continue to transport the goods.
During that period, the total transportation fee is KRW 147,850,900.
The Plaintiff received transportation charges of KRW 20 million from the Defendant on December 5, 2013, KRW 20 million on December 16, 2013, KRW 16,000,000 on December 26, 2013, KRW 14 million on December 26, 2013, KRW 30 million on January 20, 2014, and KRW 84 million on the aggregate.
Therefore, the Defendant is obligated to pay the remainder of the transport charges of KRW 63,850,90 to the Plaintiff as well as the delay damages therefor.
B) Even if the defendant requested transportation to C as alleged by the defendant, since the representative director D of the defendant agreed to pay the transportation charge directly to the plaintiff, the defendant is obligated to pay the transportation charge to the plaintiff. (C) According to Article 141 of the Commercial Act, since the consignee and the consignor are jointly liable to pay the transportation charge, the defendant is obligated to pay the transportation charge to the plaintiff as the consignor.
2) As to the defendant's assertion, the defendant's assertion is "F Co., Ltd. (the trade name before the change: C Co., Ltd.; hereinafter referred to as "C") whose representative director is E with respect to the cargo transport
(B) The Plaintiff asserts that the transport cost of KRW 84 million paid to the Plaintiff was paid directly to the Plaintiff upon the Plaintiff’s request, and that the Plaintiff did not commission the Plaintiff to transport. (B) The Defendant asserted that the transport cost of KRW 84 million was paid to the Plaintiff.