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(영문) 광주지방법원 2018.09.13 2018가단507627
운송료
Text

1. The Defendants jointly and severally against the Plaintiff (Appointeds) A, KRW 10,500,00, and KRW 6,740,000, and the appointed parties E.

Reasons

1. Facts without dispute;

A. The Plaintiff (Appointed Party) is the person operating the cargo transport business, each of the designated parties is the owner of the land that entrusted the Plaintiff with the cargo transport business, and the Defendant Limited Company B (hereinafter “Defendant B”) is the truster company that entrusted the Plaintiff (Appointed Party) and the designated parties (hereinafter “Plaintiffs”) with the cargo transport, and Defendant C and D issued and delivered the guarantee letter of payment that they would be responsible for and paid for the freight to be paid to the Plaintiffs by Defendant B.

B. Upon Defendant B’s request, the Plaintiffs transported aggregate using dump trucks to the place designated by Defendant B at the aggregate site located in Young-gun AH in Yong-Namnam-gun.

C. Accordingly, the plaintiffs' claims for transportation against Defendant B are as shown in the separate sheet.

2. If the determination of the cause of the claim is based on the above facts, the Defendants are jointly and severally liable to pay the Plaintiffs damages for delay calculated at each of the rates of 15% per annum under the Commercial Act from June 19, 2018 to September 18, 2018, which is the date following the delivery of a copy of each complaint of this case, as claimed by the Plaintiffs, and from June 19, 2018 to June 18, 2018, from June 18, 2018 to September 18, 2018, and from the following day to the date of full payment.

3. The Defendants asserted as to the Defendants’ assertion that since some of the designated parties Gap et al. arbitrarily disposed of aggregate produced in the aggregate extraction site of Defendant B, and embezzled the price, and agreed not to receive the instant transport cost in lieu of the payment of damages or the amount of criminal agreement, they cannot respond to the claim of the designated parties AA et al.

However, there is no evidence to prove the above facts of the defendants' assertion, and the defendants' above assertion is made.

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