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(영문) 서울동부지방법원 2016.06.24 2016가단10224
운송료
Text

1. The Defendant’s KRW 17,540,780 for the Plaintiff and 6% per annum from November 21, 2015 to February 16, 2016.

Reasons

Comprehensively taking account of the respective descriptions and the overall purport of the arguments by Gap 1 and 3 as to the cause of the claim, the plaintiff is a company that engages in multimodal transport mediation, cargo brokerage, and agent business. At the defendant's request, the plaintiff engaged in air export transportation over 19 times in total from June 2, 2015 to July 15, 2015. However, the plaintiff did not receive a total of 17,540,780 won from the defendant.

According to the facts found above, the defendant is obligated to pay to the plaintiff 17,540,780 won of the above transportation charges and damages for delay calculated at the rate of 6% per annum from November 21, 2015 to February 16, 2016, the delivery date of the copy of the complaint of this case, and 15% per annum from the next day to the day of full payment, as claimed by the plaintiff.

The defendant's representative director B argues that as long as the defendant's actual operator C operates the defendant, he is not aware of the above contract of carriage, and that he resigns from the office of representative director on May 15, 2014, the claim of this case cannot be accepted.

However, even according to the Plaintiff’s assertion, since the instant transport proceeds claim is apparent that it is not against the Defendant’s representative director, but against the Defendant corporation, it is insufficient to recognize that the Defendant’s representative director B resigned on May 15, 2014 only with the descriptions of the Plaintiff’s claim 1-1 and 1-2, and there is no other evidence to acknowledge that the Defendant’s resignation on May 15, 2014 (No evidence exists to prove that the said documents were submitted to the Defendant’s side). Even if the Plaintiff resigned from the office, it is apparent in the record that the fact that B was registered as the representative director on December 1, 2015 as of December 1, 2015, the Defendant is the representative director under Article 39 of the Commercial Act.

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