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(영문) 창원지방법원 2018.12.27 2018가단5952
편취금배상
Text

1. The Defendant’s KRW 36,00,000 as well as the Plaintiff’s annual rate of KRW 5% from December 7, 2017 to May 15, 2018.

Reasons

1. Facts of recognition;

A. On March 10, 2014, the Plaintiff entered into an entry contract with C Co., Ltd. and DPoter Ⅱ for the transportation of cargo by the Defendant’s brokerage (hereinafter “instant cargo”).

B. On December 4, 2017, the Defendant received a certificate of personal seal impression from the Plaintiff as necessary to modify the insurance contract.

C. On December 7, 2017, the Defendant disposed of the instant truck by using the Plaintiff’s certificate of personal seal impression, etc.

The market price of the freight of this case is 36 million won.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. According to the above facts of recognition, the defendant disposed of the freight of this case without permission.

Therefore, the Plaintiff, the actual owner of the instant cargo, is obligated to pay damages for delay calculated at the rate of KRW 36 million equivalent to the value of the instant cargo, and 5% per annum prescribed by the Civil Act from December 7, 2017, which is the date of service of a copy of the complaint of this case, to May 15, 2018, and 15% per annum prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.

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

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