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1. The Defendant (Counterclaim Plaintiff) paid KRW 19,891,875 to the Plaintiff (Counterclaim Defendant) and its amount from October 28, 2014 to September 30, 2015.
Reasons
【Main of the principal lawsuit and counterclaim shall be deemed to be filed together】
1. The facts following the facts of recognition do not conflict between the parties or may be admitted by taking into account the whole purport of the pleadings in each entry in Gap evidence of Nos. 1 to 4, and 7 (including the branch numbers if any):
On July 2014, the Plaintiff entered into a contract of carriage with the Defendant, who engages in steel product trade business, etc. to transport the Defendant’s exported cargo from Busan to Vietnam.
B. However, on October 25, 2013, the shipment of the Defendant’s export cargo scheduled to be shipped under TYO SIN 3 due to lack of documents related to shipment, such as the Defendant’s issuance of the credit, was revoked in the course of the Plaintiff’s transport under the above contract, and the shipment of the Defendant’s export cargo scheduled to be shipped under the Plaintiff’s TY SPING was delayed around October 27, 2013 due to the Defendant’s default of warehouse charges.
C. Accordingly, the Plaintiff filed a claim with the Defendant for payment of USD 20,000 and USD 8,750 with the delayed charge due to the foregoing cancellation of shipment and delay of shipment. D. The Plaintiff filed a claim with the Defendant for payment of USD 20,00 with the delayed charge.
Accordingly, the Defendant agreed to pay to the Plaintiff the sum of the above additional fares and delay charges to US$ 28,750 by December 20, 2013.
E. Nevertheless, on January 29, 2014, the Defendant paid 10,000 U.S. dollars to the Plaintiff out of the above ancillary fares and delay charges.
2. Determination
A. According to the above facts, according to the above fact-finding agreement, the defendant is liable to pay the cargo and delay charge to the plaintiff within the scope of the exchange rate (the sale rate, the transaction rate, the US$172.50 per US$1,00) at the time of the closing of the argument in this case. The defendant is liable to pay the cargo and delay charge to the plaintiff, totaling 19,891,875 won (the US$ 18,750 US$28,750) x 1060.90 x 1060.90 x this, and the main sentence of Article 3(1) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings.