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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Determination as to the cause of claim
(a) Facts below the facts of recognition are either in dispute between the parties or recognized by the purport of Gap evidence Nos. 1, 2, 5, 6, and 7 and all pleadings.
(1) The Plaintiff is a corporation that runs the combined freight forwarding business, and the Defendant is the representative of the company that sells electronic equipment and trades in the trade name of “B”.
(2) Although the Plaintiff did not conclude a transport contract with the Defendant explicitly, the Plaintiff provided 17 export cargo transport services (a total of KRW 26,049,220, including transport charges) in progress between December 5, 2012 and April 25, 2013 between B and B, and received transport charges, etc. from the Defendant. However, the Plaintiff did not receive the transport charges of KRW 4,447,450 related to the three export cargo listed below.
No. B/L No. No. 180-5363 246306,140 (4/12 deposit) 1,959,410 1,653,653,270 on April 12, 2013-180-5351, 180-5374 on April 12, 2013-1,65,105,101,165,165,103 on April 25, 2013 180-53617093-1,629,080,629,080 on April 4, 2013
B. According to the above facts of recognition, the Defendant is obligated to pay the Plaintiff a total of KRW 4,447,450, including the transport amount unpaid to the Plaintiff, and damages for delay calculated at the rate of 20% per annum from March 13, 2014 to the day of complete payment, which is the day following the delivery date of a copy of the complaint of this case sought by the Plaintiff.
2. Judgment on the defendant's assertion
A. The Defendant’s summary of the Defendant’s assertion: ① KRW 1,959,410, such as the transport cost, etc. for the export cargo listed in the above table Nos. 1,959,410, and KRW 1,200,000, which was paid on April 25, 2013 by the Plaintiff, and the remaining transport cost, etc. is merely KRW 1,288,040, and KRW 1,288,040, which was paid to the Plaintiff (hereinafter “Defendant’s assertion”); ② the Defendant is not the Defendant, but the Defendant.