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(영문) 서울중앙지방법원 2019.08.21 2018가단5085699

운송료

Text

1. The Defendant’s KRW 12,49,403 as well as the Plaintiff’s annual rate of 6% from May 4, 2018 to August 21, 2019, and the following.

Reasons

1. Around August 1, 2017, the Plaintiff entered into a transportation contract with the owner of goods in China, and entered into a distribution agency contract with the Defendant, a company engaged in the business of transporting goods departing from China to the destination in the United States (hereinafter “instant contract”). Accordingly, the Plaintiff arranged the transportation of the goods departing from China from Incheon from the Defendant to the destination in the United States. The Defendant failed to pay KRW 1,043,09,509, out of the transportation cost of November and December, 201, there is no dispute between the parties.

Therefore, barring any special circumstance, the Defendant is obligated to pay the Plaintiff KRW 200,000,000, which is a part of the transport cost, and damages for delay.

2. Judgment on the defense and the second defense

A. As to the assertion related to the news clause of the instant contract, the Defendant asserts that the freight should be deducted from the above transportation expense in accordance with the instant contract. According to Article 6 of the instant contract, the Defendant’s additional consultation provides that “if the freight arrives at each destination [LAX (U.S. EL), JFK (U.S. YY), and YYZ (Canadian debate airport] after the arrival of Incheon, the freight should be reduced by 10% for each excess day from the tenth day to each excess day (hereinafter “the relevant fare clause”). In addition, in the application of the instant news clause to the portion of the Plaintiff’s transportation, the freight amount to be reduced by 88,889,57 won from the transportation expense should be reduced by 1, as indicated in attached Table 1, and the transport expense should be reduced by 10% from the total transport expense to 1,000 per 1,000,0000,000 per 1,000).