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(영문) 부산지방법원 2015.07.16 2014가단245786
운송료
Text

1. The defendant shall pay 25,736,000 won to the plaintiff.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. The Plaintiff, from September 1, 2013, agreed with the Defendant that “the Plaintiff shall transport the goods that the Defendant received from the owner of the goods, and the Defendant shall pay the Plaintiff the freight charges for the next 25th day of the following month” (hereinafter “instant freight transport contract”). The Defendant from June 1, 2014 to the Plaintiff.

8. The fact that the transport fee of KRW 25,736,00 has not been paid until 31.31 is not disputed between the parties, or that each entry in Gap evidence Nos. 1 to 6 is recognized by taking into account the overall purport of the pleadings.

Therefore, the Defendant is obligated to pay the Plaintiff the unpaid transportation charge of KRW 25,736,00.

2. Judgment on the defendant's assertion

A. On September 2014, the Defendant’s assertion that the Plaintiff suspended the freight transport entrusted by the Defendant without prior notice among the freight transport based on the instant freight transport contract, which was concluded by the Defendant.

Accordingly, the defendant suffered losses which could not receive 6,259,000 won (including additional tax) out of 14,250,000 won, which shall be paid by the shipper on October 10, 2014.

Therefore, the above 6,259,000 won which the defendant suffered due to a cause attributable to the plaintiff should be deducted from the unpaid transport charges claimed by the plaintiff.

B. It is not sufficient to acknowledge that the Defendant suffered losses due to the Plaintiff’s causes, solely on the basis of each description of the judgment fee, Eul’s evidence Nos. 1 through 7 (including paper numbers), and there is no other evidence to acknowledge it.

Therefore, the defendant's above assertion is without merit.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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