(영문) 서울중앙지방법원 2017.11.28 2017가단43907

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(영문) 서울중앙지방법원 2017.11.28 2017가단43907

운송료

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1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The fact of recognition that the Plaintiff (former Hyundai Plastic Co., Ltd.) entered into a contract with C around September 29, 2014, and the main contents of the contract are the same as the contents of the contract indicated in the attached Form “C” and the Defendants jointly engaged in household manufacturing and sales business, and the term of the contract with C representing the Plaintiff during the period from June 1, 2016 to May 31, 2017 (hereinafter “instant contract contract”) is either a dispute between the parties, or is recognized in full view of the overall purport of the arguments stated in the evidence No. 1, 3, 4, and A, No. 3.

2. The assertion and judgment

A. The summary of the Plaintiff’s assertion 1) The Plaintiff filed a claim for selective transport charges after performing all the transportation services entrusted by the Defendants pursuant to the instant transport contract. However, the Defendants did not pay KRW 32,002,050, in total, KRW 7,498,150 on May 2016, and KRW 24,494,90 on the part of June of the same year, and KRW 9,000 on the part of September of the same year, and KRW 32,002,050 on the part of the Plaintiff. Therefore, the Defendants are jointly and severally liable to pay the Plaintiff the above transport charges to the Plaintiff and the damages for delay, such as the written purport of the claim for the said carriage charges. 2) The Defendants paid the transport charges to the Defendants delegated by the Plaintiff and paid the transport charges in advance before the completion of the transport service. The Plaintiff’s assertion is without merit.

B. In light of the terms of the contract concluded between the Plaintiff and C as seen earlier, C has the authority to receive transport charges under the instant transport contract on behalf of the Plaintiff, and added the purport of the entire pleadings to the entries in Eul evidence No. 2 (including the serial number). The Defendants were to pay C with transport charges under the said transport contract, and KRW 10 million on May 30, 2016, with the transport charges under the said transport contract.

6.7.15 million won, and the same year.

6. 21.4,236,300 won, and the same year.

6. 23.10 million won, and the same year.

6.27.6,337,450 won, as the case may be,

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