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(영문) 청주지방법원 2017.02.16 2015나4970
운송료
Text

1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.

purport, purport, and.

Reasons

1. Determination as to the main claim

A. 1) The Plaintiff is a person engaged in regular and regular route cargo transportation business with the trade name of “C,” and the Defendant is a company established for the purpose of manufacturing and selling tin stones. 2) The Plaintiff, upon the introduction of Nonparty D, transported tin in the E mine, F mine, etc., and transported tin in the agricultural feed plant located in the previous North Korean Kim (hereinafter “Seoul”), and entered into an agreement with the Defendant to recover tin in the E mine, etc., and transport tin again.

3) On the other hand, the Plaintiff entered into an agreement with the Defendant around August 2010 on the purchase of blanks containing the smuggling discharged from the Kim Jong-Hy, other than the above tin and the blanks transport, and agreed to receive KRW 1,500 as the purchase price for the blanks in relation to the calculation of transportation expenses and KRW 1,50 as transportation expenses (from January 201) and KRW 1,000 as transportation expenses (from February 201) from the Defendant. 4) pursuant to the above transportation agreement, the Plaintiff from January 27, 2012 to receive the payment from the Defendant.

3. By the end of 30.30., the transport of the freight from the Defendant to the destination, such as the blanks and blanks, was requested by the Defendant to transport the freight, and the transport freight was not paid KRW 11,755,200, out of the transport freight during the above period.

(The defendant is also the person with respect to the amount of unpaid transport charges). [The ground for recognition] The fact that there is no dispute, Gap evidence Nos. 4, 5, 9, Eul evidence No. 1-1 and 2, and the purport of the whole pleadings.

B. According to the above facts, barring any other special circumstances, the Defendant is obligated to pay to the Plaintiff the unpaid transportation cost of KRW 11,755,200 for the carriage of stone and smuggling blanks, and delay damages therefor. 2) Meanwhile, the Plaintiff additionally purchased Chapter 1,450 for the transportation period from Kim Jong-sung, Inc., Inc. and purchased Chapter 1,450 for E mine.

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