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(영문) 서울중앙지방법원 2020.03.13 2018가단5246272
운송료
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 16,276,621 to the Plaintiff (Counterclaim Defendant) and its amount from January 13, 2019 to May 31, 2019.

Reasons

1. The Plaintiff, who is engaged in international logistics brokerage business, etc. to determine the cause of the principal claim, concluded an agreement with the Defendant on several occasions from September 2017 to June 2018 on the condition that the Plaintiff will transport the Defendant’s cargo by sea or air, or arrange for the transport, thereby paying transport charges, etc. (hereinafter “each agreement of this case”). The fact that the Defendant is liable to pay the Plaintiff the remaining transport charges to the Plaintiff pursuant to each agreement of this case is no dispute between the parties.

Therefore, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the remaining transportation charges of KRW 16,276,621 as well as damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from January 13, 2019 to May 31, 2019, which is the day following the delivery of a copy of the application for modification of the purport of the claim and the cause of the claim as of January 3, 2019, and 12% per annum under the same Act from the next day to the day of full payment.

2. Determination on the defendant's counterclaims and the defendant's counterclaims against the counterclaims

A. Defendant’s assertion 1) The Defendant, in violation of the Plaintiff’s cargo transport contract, is the Plaintiff’s part of stacks (hereinafter “instant cargo”).

(D) When entering into a contract of carriage with respect to the instant cargo, D, a company located in Vietnam, designated by the Defendant, (hereinafter “D”).

It is directed to ensure that the cargo can be unloaded.

However, on May 28, 2018, the Plaintiff, while loading the instant cargo, drafted a document that the Plaintiff, who was not aD designated by the Defendant, did not know of the Defendant, was loading and unloading the instant cargo by another company.

After the Defendant remitted KRW 5,00,000 to the Plaintiff on June 15, 2018, the Defendant decided to load and unload the instant cargo in exchange for E, the representative director of the Plaintiff. The D representative director instructed F to load and unload the instant cargo. The F is a bill of lading from the Plaintiff.

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