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(영문) 창원지방법원통영지원 2015.08.20 2015가단2194
운송료
Text

1. The defendant,

A. 12,320,000 won for Plaintiff A;

B. 8,360,000 won against Plaintiff B;

C. Plaintiff C: KRW 8,360,000, D.

Reasons

1. Basic facts

A. Plaintiff A registered their respective business under the name of “F”, “G”, “H”, “I”, and “J”, respectively.

B. The Plaintiffs entered into a contract with the Defendant to carry out transportation business regarding the time, place, etc. designated by the Defendant (hereinafter collectively referred to as the “instant contract”) with respect to the so-called Sungdong Line contract between the Defendant and the Defendant (hereinafter referred to as “instant contract”).

C. In concluding the instant contract, the monthly progress payment (excluding value-added tax) was set out as follows: (a) KRW 5.6 million; (b) KRW 3.8 million for Plaintiff B, C, and E; and (c) KRW 8 million for Plaintiff D.

Despite the Plaintiffs’ provision of transportation services to the Defendant under the instant contract, the Defendant did not pay the Plaintiffs the respective progress payment on November 2014 and December 2014, and each unpaid amount is as follows.

(1) Plaintiff A: 6.60,00 won (including value-added tax; hereinafter the same shall apply) ¡¿ 2 months = 1,2320,00 won x 4.180,00 won for each of the plaintiff B, C, and E x 2 months = 8.8 million won for each of the plaintiff D: 8.8 million won x 2 months x 1660,00 won (mutual aid related to other ones) = 1,5940 won [based on recognition] There is no dispute between the parties concerned, each of the entries in subparagraphs 1 through 8 of Article 1, and the purport of the whole pleadings.

2. Determination

A. According to the above facts of determination as to the cause of the claim, the Defendant is obligated to pay the Plaintiff A, the KRW 1,232,00 won, the KRW 8,360,000 to the Plaintiff B, C, and E respectively, and the KRW 1,594,000,000 to the Plaintiff D each of them, and the amount calculated at the rate of 20% per annum from March 3, 2015 to the date of full payment under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from March 3, 2015 to the date of full payment.

B. The Defendant alleged that the Plaintiff should deduct the Plaintiff D’s KRW 1620,000,000 for November 1, 2014, and KRW 840,00 for December 201, respectively, from the relevant repair cost. However, the Defendant’s account book submitted by the Defendant.

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