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(영문) 부산지방법원 2015.11.05 2014가합12464
운송료
Text

1. Defendant B Co., Ltd. is KRW 24,798,400 and 20% per annum from September 19, 2014 to September 30, 2015 to the Plaintiff.

Reasons

1. Determination as to the claim against the defendant B

A. The Plaintiff and Defendant B entered into a cargo transport contract around October 2010. The Plaintiff, based on the above contract, transported the Defendant’s cargo from October 2010 to June 2013. The Defendant did not pay KRW 24,798,400 in total, from January 2012 to June 2013.

B. Articles 208(3)1 and 257 of the Civil Procedure Act of the judgment without holding any pleadings

C. Article 3(1) main sentence of Article 3(1) of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings was amended and promulgated as of September 25, 2015 and enforced as of October 1, 2015. Article 2(2) of the Addenda of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings (Presidential Decree No. 26553) provides that “The statutory interest rate for a case pending before a court at the time this Decree enters into force but the first instance trial is not closed, shall be the interest rate under the former provisions until September 30, 2015, and from October 1, 2015, it shall be dismissed by the interest rate under the amended provisions of this Decree.” Thus, the portion of the instant complaint from September 19, 2014 to September 30, 2015, each of which exceeds the annual interest rate of 15,000 per annum from the following day on which the duplicate of the complaint in this case was served to Defendant B.”

2. Determination as to the claim against Defendant C, D, and E

A. The Plaintiff and Defendant C entered into a cargo transport contract on November 2007. The Plaintiff and Defendant C transported the above Defendant’s cargo from November 2007 to January 201, 2014. The Defendant did not pay a total of KRW 18,887,000 from January 2, 2012 to January 2014.2) and Defendant D entered into a cargo transport contract on November 2007. The Plaintiff transported the above Defendant’s cargo from November 2007 to January 2014. The Defendant paid KRW 100,887,000 from January 2014 to January 201.

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