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(영문) 광주지방법원 2014.10.16 2014가합57305
운송료
Text

1. The Defendant’s KRW 52,435,391 as well as annual 6% from August 1, 2013 to December 3, 2013 to the Plaintiff.

Reasons

1. Basic facts

A. On October 19, 2010, the Plaintiff entered into a marine transportation contract with the Defendant (hereinafter “instant transportation contract”) with the content as follows, which transports the instant cargo from a wooden port to a Katar port port (hereinafter “instant cargo”).

Maritime Transport Contract

1. Name of contract: Lusail Defla 3A. Bridge 8 & 9 maritime transport;

2. The scope of the contract: The defendant's new design factory from Pohang to Katar port.

3. Contract period: From October 20, 2012 to March 31, 2013;

5. Payment of costs: The payment of costs for transportation following the execution of a contract shall be closed at the end of each month according to the degree of fairness and shall be made in cash within 30 days from the date of issuance of the tax invoice

9.The increase in quantities: the application of tariffs shall be 102,778.4/CBM upon the increase in quantities.

(220,000,000 won/21,794.45CM) 10.10. Other (4) The increase in the volume of goods from the date of the port shipment (unit: CBM) 1st 1st 12th 2013th 2nd 3,197.00th 2nd 3,197, STX ALPHPH5, 27.63th 27.3rd 27.3rd 193rd 2013rd 193rd 16.4th 2013rd 16.3rd 16.4th 2013rd 16.3rd 16.4th 207, 207, 377.4th 3rd 19, 2013.

B. The Plaintiff transported the instant cargo over the five occasions as indicated below in accordance with the instant transport contract.

C. However, on June 28, 2013, the Defendant only paid the Plaintiff the fare for 21,794.45 CBM, which is the basic cargo quantity stipulated in the instant transport contract. On June 28, 2013, the Plaintiff filed a claim against the Defendant for a total of KRW 52,435,391 (including value-added tax) for additional 504CM, and issued a tax invoice therefor.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 9, Eul's 1 (including paper numbers), the purport of the whole pleadings

2. The above-mentioned facts are based on the determination of the cause of the claim.

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