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(영문) 광주지방법원 2019.12.20 2019나3154
손해배상(기)
Text

1. Of the part concerning the counterclaim of the first instance judgment, the Plaintiff (Counterclaim Defendant) who exceeds the following amount ordered to pay.

Reasons

1. Basic facts

A. The Plaintiff is a person running an agricultural products distribution business, and the Defendant is a person running a cargo transport business using C cargo vehicles.

B. On April 27, 2018, the Plaintiff entered into a contract with the Defendant to transport the 1,575 parts of the 1,575 parts of the 200,000 won from Jeonsung-gun D to Seoul E.

C. The Defendant started the above D between 18:00 to 19:00 on the same day, and transported the above wave upon arrival to Seoul E between 01:00 and 01:30 on the following day.

The plaintiff did not pay KRW 200,000 to the defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. As to the plaintiff's main claim

A. The Defendant, upon entering into a transport contract, promised the Plaintiff to arrive at Seoul E by April 27, 2018, but agreed to arrive at the said joint market around 01:30 of the following day.

As a result, the Plaintiff sold a lower price to the Plaintiff, thereby incurring damages equivalent to KRW 2,012,50 in total.

B. The evidence presented by the Plaintiff alone promised the Defendant to arrive in Seoul E from April 27, 2018 until April 22:00.

Since it is insufficient to recognize that the late arrival of the defendant caused damage as alleged by the plaintiff, it is difficult to accept the plaintiff's above assertion.

3. As to the defendant's counterclaim

A. According to the above facts finding as to the cause of a counterclaim, the Plaintiff is obligated to pay to the Defendant the amount of KRW 200,000 per annum under the Civil Act from April 29, 2018, the following day after the Defendant completed the transport of the above dispatch until December 20, 2019, 5% per annum under the Civil Act until December 20, 2019, and 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day until the day of full payment.

Meanwhile, the defendant shall pay damages for delay from April 28, 2018.

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