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(영문) 대구지방법원포항지원 2019.06.25 2019가단1259
운송료
Text

1. The Defendant’s KRW 41,226,00 for the Plaintiff and KRW 6% per annum from February 22, 2019 to June 25, 2019.

Reasons

Considering the overall purport of Gap evidence Nos. 1 through 3 (including the case where there are serial numbers) and Eul evidence Nos. 1 and the whole purport of arguments, the plaintiff transported cargo, such as slots and aggregate, on behalf of the defendant according to the contract of carriage with the defendant, and it is recognized that the amount of KRW 41,226,000 out of the transport cost was in arrears.

Although the Defendant asserts to the effect that the Plaintiff and the Defendant completed the settlement of this part of the transport cost, based on the evidence Nos. 1, the Plaintiff and the Defendant agreed to treat the transport cost of this case separately (hereinafter “D transport cost of KRW 41,226,00) based on the written evidence No. 1 itself, so the Defendant’s assertion is without merit.

However, as long as the rate of delay damages prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings has been changed to 12% per annum from June 1, 2019, the defendant is obligated to pay to the plaintiff 41,226,000 won as above and damages for delay calculated by the rate of 6% per annum under the Commercial Act from February 22, 2019 to June 25, 2019, the date following the delivery date of a copy of the complaint of this case, which is the day following the delivery date of a copy of the complaint of this case, which is appropriate for the defendant to resist about the existence or scope of the defendant's obligation, and from the next day to the day of full payment.

The plaintiff's claim shall be accepted within the scope of the above recognition, and the remainder shall be dismissed, and it is so decided as per Disposition.

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