Text
1. The Defendant’s KRW 60,272,00 for the Plaintiff and 6% per annum from December 22, 2018 to March 14, 2019.
Reasons
1. Facts of recognition;
A. The Plaintiff is a corporation that establishes 40 feet container containers in C and carries out warehouse business, container container terminal business, international complex transport arrangement business, etc., and the Defendant and D Co., Ltd. (hereinafter “D”) are corporations that operate multimodal transport arrangement business.
B. Defendant’s cargo transport request 1) E, a shipping company, E (hereinafter “E”).
(C) Around October 2017, the Plaintiff requested the Defendant for the export of the 16 container volume. Around that time, the Defendant requested the export transport to D for the 4 container volume. (2) From November 24, 2017 to December 14, 2017, the Defendant requested the Plaintiff for the use of the container and the transport of the E-containers as referred to in paragraph (1). From November 24, 2017 to November 14, 2017, the Plaintiff had the Plaintiff stored the said cargo within the Plaintiff’s container from November 2017. (c) On April 6, 2018, the Plaintiff sent a document proving that the Defendant demanded the payment of the Defendant’s 16 container volume brought in the Plaintiff’s container terminal to the Defendant by mail.
2) On May 13, 2018, around May 13, 2018, four and four of the Defendant’s four containers and D were loaded into and departing from Thailand as well as Thailand. On May 20, 2018, four of the Defendant’s four containers were additionally loaded and departing from Thailand, and eight of the Defendant’s remaining containers (hereinafter “instant container”).
(3) Around May 2018, D’s representative director F, upon the request of the owner of goods E, has settled the accounts of the smuggling and terminal usage fees between the Plaintiff and the Defendant. Around May 2018, D’s representative director, upon the request of the owner of goods E, concluded a settlement agreement (hereinafter “instant settlement agreement”) which reduces the unpaid physical rental fees and terminal usage fees to KRW 27,000,000 on the condition that all the containers used by the Defendant were unclaimed and returned to the Plaintiff (hereinafter “instant settlement agreement”).
4. The Defendant: 10,000,000 won out of the amount of settlement of accounts in this case on May 23, 2018.