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1. The Defendant’s KRW 24,993,683 as well as the Plaintiff’s KRW 20% per annum from July 12, 2014 to September 30, 2015.
Reasons
1. Facts of recognition;
A. The Plaintiff is a person engaged in trade business, etc. under the trade name of “C” or “D,” and the Defendant is a person engaged in clothes export business, etc. under the trade name of “E” or “F” without a separate business registration.
B. The Defendant, as an intermediate transport business entity, received a transport request from an exporter (owner) who exports clothings to Japan in the East-gu market and the Seodaemun market, agreed to pay a certain fee to the Plaintiff, and again requested the Plaintiff to transport the goods. The Defendant, as an intermediate transport business entity, has prepared a package order stating the details of the goods he/she requested to transport and a written request to send it to the Plaintiff in the Japanese language.
C. The Plaintiff, after transporting the products requested for carriage from the Defendant to Japan, calculated a fee to be paid from the Defendant on the basis of the stalking list, etc. received from the Defendant, stored them as a computer X-cell file (hereinafter “instant claim file”), and printed them in the form of a written request and sent them to the Defendant.
In addition, when the plaintiff trades with many companies other than the defendant, the plaintiff calculated the balance of accounts receivable for each company including the defendant every day and stored them as a computer X-cell file (hereinafter referred to as a "daily file"). D.
In around 2014, the Plaintiff lost a considerable portion of the documents kept in custody in the course of the investigation under suspicion of violating the Customs Act, and accordingly, the stalking remains. The currently remaining documents are ① files of the instant application and the documents printed out thereof (No. 1 through 5, No. 9-1, No. 9-4), ② daily file and the documents printed out thereof (No. 7 and No. 8), ③ part of the written request (No. 4-1 through No. 19, etc.) for Japanese companies (No. 4-1, No. 19, etc.) to which the Defendant prepared and sent to the Plaintiff, and ④ In the course of the investigation under suspicion of violating the Customs Act, the investigative agency was seized.