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(영문) 전주지방법원 2015.07.02 2014가단41966
운송료
Text

1. The Defendant shall pay to the Plaintiff KRW 29,070,000 as well as 20% per annum from December 5, 2014 to the day of complete payment.

Reasons

1. Determination as to the cause of the claim: (a) the Plaintiff has transported the Plaintiff’s equipment, such as packaging equipment, from 2006 to 249,365,182 from February 15, 2013 to August 30, 2014 at the Defendant’s direction; (b) the transport cost incurred as a result of the Plaintiff’s provision of transportation service under the Defendant’s direction was paid to the Plaintiff from February 15, 2013 to August 30, 2014; and (c) the Defendant paid KRW 218,47,00 to October 16, 2014; and (d) there is no dispute between the parties, barring any special circumstance, the Defendant is obligated to pay the Plaintiff the transport price of KRW 30,88,182 (=249,365,182 - 218,47,000, as the Plaintiff seeks.

2. The defendant's defenses that the plaintiff had 10% of the transport transaction amount under the transport transaction contract with the plaintiff at a discount. Thus, the defendant's defenses that the plaintiff had 10% of the transport transaction amount under the transport transaction contract with the plaintiff is insufficient to recognize it only by the descriptions of No. 1-3 to No. 1-6, and there is

Therefore, the defendant's defense cannot be accepted.

3. Accordingly, according to the conclusion, the Defendant is obligated to pay the Plaintiff the unpaid transport cost of KRW 29,070,000 and damages for delay calculated at the rate of 20% per annum from December 5, 2014 to the date of full payment, which is obviously indicated as the day following the delivery of a copy of the complaint of this case, to the day of full payment.

Therefore, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

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