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(영문) 서울중앙지방법원 2019.01.24 2018나8247
운송료
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.

Reasons

1. The reasons why the court should explain this part of the basic facts are the same as that of the judgment of the court of first instance, in addition to the submission or addition of these basic facts as follows, and therefore, they are quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

On the third page of the decision of the first instance, the following shall be added:

“. The Defendant continued to pay the transport charges to the account known to E from August 4, 2015 after the conclusion of the instant transport contract to August 4, 2015, and E has deposited the transport charges received from the Defendant into the virtual account indicated in the tax invoice issued by the Plaintiff. However, the amount indicated below among them was not deposited into the said virtual account. The amount of the charges not paid on the date of transport Nos. 7,246,900 won on June 7, 12015 and July 31, 2015 (i.e., July 7, 2015, 98, 300 won and KRW 300 on December 31, 2016).

3. Total amount of KRW 20,873,50 on January 31, 2016, KRW 5,638,300 for December 31, 2015

D. Around August 26, 2015, the Plaintiff urged the Defendant to pay a total of KRW 18,233,900 for the transport charges of December 2014, June 2015, and July 2015. On January 25, 2016, the Plaintiff urged the Defendant to pay the total of KRW 20,873,50 for the transport charges of June 2015, 11, and 12.

A person shall be appointed.

(b) Nos. 1 and 10 of the first instance judgment of the first instance court are as follows: “Nos. 1, 2, 7, 10 of the first instance judgment” is as follows: “Nos. 1, 2, 7, 10 of the first instance judgment; Nos. 1 through 3, 7, and 9 of the first instance judgment (including each number, if any).”

2. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the unpaid transport charges of KRW 20,873,500 and the delay damages therefrom, barring special circumstances.

In addition, the Defendant notified the Plaintiff of the payment of the unpaid transport charges on or around August 2015, which was one year after the conclusion of the instant transport contract.

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