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(영문) 서울서부지방법원 2018.08.16 2017가단224282
운송료
Text

1. The Defendant shall pay to the Plaintiff KRW 70,969,475 and the interest rate of KRW 15% per annum from September 6, 2017 to the date of complete payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company engaging in cargo transport and freight forwarding business, and the Defendant is a person who engages in trade business under the trade name of “C”.

B. The Plaintiff transported the Defendant’s cargo four times from October 2015 to November 201 of the same year, and the Defendant paid KRW 30,000,000 out of the transport fee of KRW 100,969,475.

[Ground of recognition] Facts without dispute, Gap 1 through 8, 13 through 15, and the purport of the whole pleadings

2. According to the facts found above, the Defendant is obligated to pay the Plaintiff the unpaid transport charges of KRW 70,969,475 and the damages for delay calculated by the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from September 6, 2017 to the date of full payment, which is obviously a day following the delivery of a copy of the complaint.

In regard to this, the defendant asserts that since the parties to the contract of carriage are "D" operated by the defendant, not the defendant, the plaintiff is not obliged to pay the transportation fee, the plaintiff's claim is excessive, and the transportation fee is fully paid with the 30 million won already paid, so it is impossible to accept the plaintiff's claim. However, each statement of the evidence of subparagraphs B through B (including the serial number) is insufficient to recognize the defendant's assertion, and there is no other evidence to acknowledge it.

3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim is reasonable.

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