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1. As to KRW 200,434,417 among the Plaintiff-Counterclaim Plaintiff and KRW 12,531,417 among the Plaintiff-Counterclaim Plaintiff and the Plaintiff-Counterclaim Plaintiff, May 1, 2014.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The plaintiff is a company whose purpose is freight forwarding business, etc., and the defendant is a trucking transport business.
B. Around July 2012, the Plaintiff entered into a contract with the Defendant to transport the goods entrusted by the Defendant’s Gangseo branch office and receive the transport fee (hereinafter “Gang Transport Contract”).
【Ground for recognition】 The fact that there has been no dispute, Gap evidence 1-1 and 2, the purport of the whole pleadings
2. Determination on the main claim
A. Comprehensively taking account of the overall purport of Gap evidence Nos. 3-1, 2, 3, 4, and 5 as to the cause of the claim and the entire arguments, the plaintiff's transport of the goods entrusted by the defendant from the above contract to July 2014 pursuant to the Gangnam Branch Transport Contract. ② Out of the transport charges generated therefrom, the transport charges for April 2014 are 58,390,262, and the transport charges for May 2014 are 64,293,298, and the transport charges for July 2014 are 59,73,648, and the transport charges for July 2014 are 59,773,648, barring any special circumstance, the defendant is obligated to pay the plaintiff delayed transport damages from the date following the date when the plaintiff was paid the transport charges to the plaintiff.
B. Determination on the Defendant’s counterclaim of offset 1: (a) the Defendant’s claim on April 2014, 2014; (b) May 2014; and (c) June 2014, among the Plaintiff’s claim on the part of the Defendant’s defense fees, was already disposed of by offsetting the Defendant’s claim on the part of an attempted fuel expenses according to the Gangnam Transport Contract against the Plaintiff prior to the instant lawsuit; and (b) July 2014, the claim on the part of the Defendant was offset by the remaining fuel expenses claims after the aforementioned offset disposition; and (c) the Plaintiff again delegated the goods delivery entrusted by the Defendant to the Plaintiff, and carried out the said goods delivery by paying remuneration therefor. Accordingly, the Defendant accordingly.