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(영문) 서울중앙지방법원 2020.02.11 2019가단5095105
운송료
Text

1. The Defendant’s KRW 54,955,905 as well as the Plaintiff’s KRW 15% per annum from March 23, 2019 to May 31, 2019.

Reasons

Basic Facts

The plaintiff and the defendant are companies running combined freight forwarding businesses.

Upon receipt of a request from the Defendant, the forwarding agent of FF Co., Ltd. (hereinafter “F”), for the carriage of F to FG’s “G” freight, the Plaintiff entered into an agreement with the Defendant to deliver a bill of lading received from the owner of the bill of lading to the Defendant upon completion of the shipment of the shipment between the Defendant and the freight, and to arrange for the carriage (hereinafter “instant agreement”), with the Defendant being paid the transport cost. From November 24, 2018 to January 14, 2019, the Plaintiff transported the freight five times as follows:

In the case of Nos. 1 and 2 of the bill of lading Nos. 3, 4, and 5 of the date of arrival of the shipment date, the Plaintiff appears to have performed duties by issuing a bill of lading equivalent to the number of the master bill of lading from the company that is the actual carrier to the Defendant in the case of Nos. 3, 4, and 5 of the bill of lading. However, it appears that the Plaintiff performed duties as a contractual carrier or an actual carrier.

On November 24, 2018, H 222,848,575 won on January 16, 2019, the transportation cost of H 22,848,575 won on December 3, 2018: (a) on December 1, 2019, KRW 32,173,481 won on February 1, 2019; (b) on January 31, 2018, J (K) 11,233,198 won on December 31, 2019; (c) on a shipment invoice issued by the Plaintiff on December 23, 2019, the Plaintiff did not pay the shipment price of each of the above goods under the name of the Defendant on December 5, 2019 (OL); (d) on a shipment invoice issued on January 14, 2019, the Plaintiff paid the shipment price of each of the above goods to the Defendant.

Serial 1 H 22,848,575 won 22,848,575 won 22,848,575 won 2 I 32,173,481 won 10,085,831 won 22,087,650 won F3 J (K) 11,233,198 won 1,213,518 won 10,019,680 won 7,05,747 won 7,05,747 won.

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