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(영문) 서울중앙지방법원 2015.01.15 2014가합42177
약정금
Text

1. The Defendant’s KRW 300,331,814 among the Plaintiff and KRW 168,733,259 among the Plaintiff, shall be from November 1, 2013, and KRW 131,59,595.

Reasons

1. Facts of recognition;

A. B Co., Ltd. (hereinafter “B”) whose representative director was the Defendant, received a request for the delivery of the closed engine error date, and decided to receive 30 container 30 fuel engine error days from Taiwan Co., Ltd., and supply them to the factory located in Malaysia after being supplied with 20 container 20 fuel engine error days from other business partners.

B. B requested the Plaintiff to transport Malaysia the 20-year end engine error in containers out of the 20-year end engine error, and the Plaintiff provided freight transport services equivalent to KRW 45,600,000 on the land transport, shipment, and the sea transport of Malaysia from the port of Busan to the port of Busan.

C. However, the company located in Malaysia refused to receive the delivery of the whole quantity of 50 poppy of container 50 on the ground of the quality defect on the Malaysia date, and eventually, B returned the container to B, while keeping it through the Plaintiff, again returning it to B.

In addition, the Plaintiff provided the cargo transport and storage services of KRW 384,254,898 (including the aforementioned KRW 45,600,000) as indicated in the attached Table, such as container rents, shipping and cargo costs, maritime fares, land fares, customs clearance fees, and other all other expenses.

On October 31, 2013, the Defendant promised to pay to the Plaintiff KRW 252,656,343, the sum of the storage fees and port expenses incurred from Malaysia up to October 31, 2013, with respect to the provision of the above transportation and storage services, for the payment of KRW 45,60,000 and the amount of KRW 207,05,60,00 relating to the export of the 20 container-2-2-2-2-2-2-2-2-2-2-2-2-3-2-2-2-3-2-3-2-3-2-3-2-3-2-3-2-3-2-3-3-3-3-3-3-3-3-3-3-3-3-3-

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