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(영문) 서울중앙지방법원 2017.09.13 2016가단111209
운송료 등
Text

1. The Defendant’s KRW 94,455,694 as well as the Plaintiff’s annual rate from July 1, 2016 to September 26, 2016, and the following.

Reasons

Facts of recognition

The Defendant, while exporting goods to Mongolian, requested the Plaintiff, who is engaged in the freight forwarding business, etc. to conduct the freight forwarding business on 31 occasions from December 26, 2015 to May 24, 2016, as indicated in the “Detailed Statement of Transactions by Customer” in attached Form, to conduct the freight forwarding business, and the sum of the freight is US$ 91,298 (the sum of USD 91,298).

The Plaintiff completed the shipment by delivering the goods to the carrier on the date indicated in each “transaction Date” of the attached Form “Transactions by Customer” on the date indicated in each “Transaction Date”. In conclusion, the Plaintiff completed delivery and shipment on May 24, 2016.

Around March 18, 2016, the Plaintiff suspended transportation by exercising a defective lien on the part of the Defendant, but prepared a payment plan (Evidence A 8) to the effect that the Defendant will pay the overdue fare in installments, and resumed transportation.

However, the plaintiff discontinued carriage for the same reason, but around May 12, 2016, again prepared a repayment plan (Evidence No. 9) that the defendant will pay late freight from the defendant in installments, and resumed carriage after receiving it.

On May 12, 2016, the Defendant repaid USD 667.47 to the Plaintiff, and on May 20, 2016, the Defendant repaid KRW 5 million in Korean won.

The payment was made as stated in the “Detailed Statement of Transactions by Customer,” and the freight from December 26, 2015 to December 28, 2015 was fully paid, and the freight from January 1, 2016 to December 28, 2015 was 3,52.94 dollars.

Accordingly, from January 1, 2016 to May 24, 2016, 28 freight rates of USD 86,402.94 remain.

USD 86,402.94 is the 94,455,694 won when the freight balance is converted to USD 86,402.94 to KRW 1,093.20 on September 9, 2016.

[Reasons for Recognition] Fact-finding, Gap evidence Nos. 1 through 10, Eul evidence Nos. 8 and 20, and the fact that the ground for recognition of the overall purport of the pleadings is established, the defendant shall be the plaintiff.

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