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(영문) 창원지방법원거창지원 2019.12.10 2019가단130
운송료
Text

1. The Defendant’s KRW 128,019,00 for the Plaintiff and KRW 15% per annum from February 8, 2019 to May 31, 2019.

Reasons

1. Facts of recognition and judgment

A. The Plaintiff, who runs a cargo transport business, etc., has transported the goods, etc. produced by the Defendant on two occasions at the request of the Defendant, who runs an elevator manufacturing and the business of manufacturing and selling the parts thereof, from April 31, 2017 to January 15, 2018. The transport charges incurred during the above period are the total of 184,019,000 won. However, the fact that the Defendant paid the Plaintiff a total of 56,00,000 won out of the above transport charges and the unpaid transport charges are 128,019,000 won (=184,019,000-56,000,000) remaining between the parties.

B. Therefore, the Defendant is obligated to pay to the Plaintiff 128,019,000 won remaining for transportation and 15% interest per annum from February 8, 2019 to May 31, 2019, which is the day following the delivery of a copy of the complaint, as the Plaintiff seeks, and 12% interest per annum from the next day to the day of full payment.

[Plaintiff claimed for the payment of damages for delay calculated at the rate of 15% per annum from the day after the delivery of the copy of the complaint in this case to the day of complete payment. However, the statutory interest rate was partially amended by Presidential Decree No. 29678 on May 21, 2019 and the legal interest rate was set at 12% per annum since June 1, 2019, the enforcement date of which was June 1, 2019. Thus, the Plaintiff’s claim for damages for delay exceeding 12% per annum, which is the legal interest rate revised after June 1, 2019, shall not be accepted. Thus, the Plaintiff’s claim in this case is accepted within the above recognition scope, and the remainder is dismissed as it is without merit. It is so decided as per Disposition.

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