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(영문) 춘천지방법원 강릉지원 2018.10.30 2018가단2925
운송료
Text

1. The Defendant (Appointeds) KRW 22,154,803, KRW 19,247,549, KRW 18,254,98 to the Appointed C, and KRW 18,254,98 to the Appointeds C.

Reasons

1. The defendant asserts to the effect that the lawsuit of this case is unlawful, even if the plaintiff (appointed parties) and the designated parties (hereinafter referred to as the "Plaintiffs") filed an application for a payment order with the same content as the East Sea Court, it constitutes a duplicate lawsuit.

However, according to the evidence Nos. 3-1 through 6, it can be recognized that the plaintiffs' application for the payment order was rejected on May 8, 2018, which was prior to the filing of the lawsuit in this case. Thus, it cannot be deemed that the plaintiffs filed the lawsuit in this case again while the lawsuit in this case is pending due to the above payment order.

The defendant's prior defense on the merits is without merit.

2. Comprehensively taking account of the purport of Gap evidence Nos. 1-1 through 6 of the judgment on the merits and the whole arguments, it is acknowledged that the plaintiffs engaged in cargo transport business transported a stone conference with the defendant's good offices, and that the defendant deducted the fee and paid the transportation cost of each claim to the plaintiffs until April 15, 2018, but did not pay it. Thus, barring any special circumstance, the defendant is obligated to pay to the plaintiffs the above transportation cost and its payment amount as well as 6% per annum as stipulated in the Commercial Act from April 16, 2018 to July 12, 2018, and damages for delay calculated at 15% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the date of payment to the date of full payment.

In regard to this, the Defendant alleged that the Plaintiffs were unable to pay the transport price because they provisionally attached the Defendant’s claim against New Lanes before receiving the transport price for February 2018, but such circumstance alone does not lead to the due date until the Defendant’s obligation to pay the transport price is exempted or the provisional seizure is revoked or cancelled.

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