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(영문) 울산지방법원 2020.11.11 2020가합250
운송료
Text

The defendant shall pay 701,624,899 won to the plaintiff and 12% per annum from September 29, 2020 to the day of complete payment.

Reasons

1. Basic facts

A. On April 2019, the Plaintiff and the Defendant: (a) designated the Plaintiff as an international transport business entity for the cargo exported and imported by the Defendant from domestic and foreign countries; and (b) concluded an export and import cargo transport agreement with the Plaintiff as an international transport business entity for the safe and prompt transport and delivery of the cargo the Defendant

B. The Plaintiff, according to the above contract, transported the exported cargo from October 2019 to February 2020, and the total amount of transportation charges incurred therefrom is KRW 973,468,481.

C. On November 28, 2019, the Defendant paid to the Plaintiff KRW 11,843,582, KRW 250,000 on December 25, 2019, KRW 5,000 on January 10, 2020, and KRW 5,000,00 on January 31, 2020. The unpaid balance is KRW 701,624,899.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5 (including branch numbers), the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the defendant is obligated to pay to the plaintiff the unpaid transport charges of KRW 701,624,89 and damages for delay calculated at the rate of 12% per annum from September 29, 2020 to the date of full payment, which is the following day after the copy of the application for modification of the claim and the cause of the claim in this case was served, as requested by the plaintiff.

3. In conclusion, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

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