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1. The Defendant’s KRW 140,50,850 as well as 6% per annum from February 21, 2017 to February 8, 2018, respectively, to the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a corporation whose purpose is marine transportation business, aggregate sales business, wholesale and retail business, etc., and the Defendant is established around June 2001 and engaged in civil engineering construction business, etc.
In August 2016, a corporation is changed or added for the purpose of collecting and selling aggregate.
B. On November 10, 2016, the Plaintiff and the Defendant entered into a contract of carriage of marine cargo (hereinafter “instant contract of carriage”) with the following content.
- Article 2 (Contract Period and Contract Price Payment Terms) (1) Maritime fares shall be paid immediately after the issuance of a tax invoice.
The issuance of tax invoices shall be issued on the 15th day of each month and twice at the last day of each month.
(2) The term of validity of a contract shall expire from the beginning date of December 31, 2017.
Provided, That the contract shall be renewed on a one-year basis after the expiration of the contract term.
(3) The shipping fares shall be set at the 5,500 won, and the 6,500 won, and the 6,500 won, within the jurisdiction of Seopopo-si, Seopo-si, Jeju-si.
(4) The defendant shall produce aggregate (25 meters) so that he/she can transport at least 25,00 cubic meters of water each month, and the defendant shall compensate the plaintiff for the shortage, and if the plaintiff is not transported more than 25,000 cubic meters of water, the deficiency shall be compensated for the shortage to the plaintiff.
Provided, That the delay of transport due to bad weather conditions shall not be included in the causes attributable to the plaintiff, but the compensation procedure shall be omitted when there is an agreement between the defendant and the plaintiff.
· Article 3 (Negligence and Liability of Carriers) (1) The Defendant shall entrust all rights to transport to the Plaintiff.
Accordingly, the plaintiff will make every effort to prevent all loss of consigned goods, such as theft, damage, shortage in quantity, etc., in all sections/ processes of transportation.
Provided, That the lack of quantity due to bad weather conditions during transport does not raise an objection against the defendant.
② In order to delay transportation of the Defendant’s cargo and prevent the occurrence of unnecessary expenses, the Plaintiff may request the Defendant, as determined by mutual agreement.