(영문) 서울남부지방법원 2017.02.03 2016가단33862

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(영문) 서울남부지방법원 2017.02.03 2016가단33862

운송료

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1. The Defendant shall pay to the Plaintiff KRW 23,492,285 and the interest rate of KRW 15% per annum from September 22, 2016 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that acts as an intermediary in the marine cargo transport business.

B. Around August 2015, the Defendant entered into a cargo transport contract between the Plaintiff and the Plaintiff, who received an order of the president of the Republic of Korea overseas branch from B (hereinafter “B”), which calls the Defendant to transport Lee Jae-gu, such as the Defendant’s household effects, on the sea from Korea to Guatemala, and the cargo transport contract which calls the transport of Lee Jae-gu, which is transported as Guatemala from October 2015 to Guatemala, to the land of the Republic of Korea (hereinafter “each of the instant cargo transport contracts”).

Upon completion of cargo transport, the Defendant agreed to pay the transport fee to the Plaintiff immediately.

C. On January 2016, the Plaintiff completed the transport under the instant cargo transport contract, and the transport fee is KRW 23,492,285 in total.

[Ground of recognition] Unsatisfy, Gap evidence 1 to Gap evidence 8, whole purport of pleading

2. Assertion and determination

A. The Defendant does not dispute that the Plaintiff is the party to each of the instant cargo transport contracts with the Plaintiff. As such, the Defendant is obligated to pay to the Plaintiff the transport charges of KRW 23,492,285 under each of the instant cargo transport contracts and damages for delay calculated at the rate of 15% per annum from September 22, 2016 to the day of full payment, which is the day following the delivery of the instant complaint.

B. The defendant's assertion (1) asserts that the freight of this case shall be paid by B to the defendant as the cost incurred by dispatching B to the overseas branch of Nakara, the defendant is not obligated to pay the cost incurred in the course of performing the company's duties, and that B shall bear the freight charges.

Since the parties who entered into the instant cargo transport contract with the Plaintiff are not B but the Defendant, the Defendant is obligated to pay the cargo transport fee under the cargo transport contract.

The grounds alleged by the defendant are settled between B and the defendant.

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