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(영문) 광주지방법원순천지원 2020.04.07 2018가단78791
용역비
Text

1. As to KRW 34,718,992 and KRW 33,791,114 among the Plaintiff, the Defendant shall pay to the Plaintiff KRW 34,718 and KRW 927,878.

Reasons

The Plaintiff entered into a contract with the Defendant on March 31, 2016 to provide the Defendant with logistics services, including transportation of cargo, loading and unloading of the Defendant, operation and management of warehouse facilities, and to receive the price therefor. The Plaintiff provided the Defendant with each of the logistics services equivalent to KRW 35,609,415 (= KRW 20,830,337, KRW 14,79,078) on December 2017; KRW 927,878 on January 2018; the payment date for each of the above months and January 16, 2018; and the payment date for each of the above months and April 16, 2018 does not conflict between the parties; or the purport of the entire pleadings may be acknowledged pursuant to each of the items and evidence Nos. 1 and 2 (including each of the items and evidence numbers).

Therefore, the Defendant, barring special circumstances, is obligated to pay to the Plaintiff the respective damages for delay from March 17, 2018 to April 17, 2018, as to KRW 34,781,114, among the service costs under the above contract and KRW 35,708,992, as to the Plaintiff’s service costs (which is paid by the Plaintiff) around December 2017, and from January 2018 to KRW 927,878, which is the day following the due date.

As a result of the Defendant’s assertion that the defense is under-determined item, the item “influence” was found to be Class 161 3,038 sets, and if that is only an electronic entry error, it is nothing more than an electronic entry error.

Even if the computer system is properly operated by the Plaintiff, the Defendant’s damage claim equivalent to KRW 31,857,642 is offset against the Plaintiff’s service payment claim.

Judgment

According to the statement Nos. 1, 2, 4, and 7-2 of the evidence Nos. 7-2 of the defendant's inventory inspection as of the end of 2017, it is recognized that the defendant's total amount of KRW 31,857,642 is insufficient.

Furthermore, the plaintiff is obligated to assume the responsibility for the above amount against the defendant.

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