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(영문) 제주지방법원 2015.09.18 2014가단45507
운송료
Text

1. The Defendant’s KRW 24,893,00 for the Plaintiff and 6% per annum from June 11, 2015 to September 18, 2015.

Reasons

1. Facts of recognition;

A. The plaintiff is a corporation that engages in cargo transport business, etc., and the defendant is a person who engages in construction business, etc.

B. In around 2012, the Jeju Special Self-Governing Province Development Corporation awarded a contract for the re-subcontracted construction work for the re-subcontracted construction work for the re-subcontracted to the limited company B, which is part of the subcontracted work (hereinafter “the instant subcontracted work”).

A limited liability company B and the defendant were to perform the sales panel construction of this case by the defendant, who is the Dong-in of C, the representative director B.

C. A, upon being supplied with the printing team required for the above construction from the Korea printing team, ordered the Plaintiff to transport the said printing team to the site of the instant printing team. From June 1, 2012 to June 22, 2012, the Plaintiff transported the said printing team from Gwangju to June 22, 2012, and the transport cost of which is KRW 24,893,00 (including value-added tax; hereinafter “the instant transportation cost”).

[Ground of recognition] The fact that there is no dispute, entry of Gap's 1 through 5, purport of whole pleading

2. According to the above facts finding, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the amount of KRW 24,893,000 for the transport of this case and the damages for delay calculated at the rate of 6% per annum under the Commercial Act from June 11, 2015 to September 18, 2015, which is the date following the delivery date of the application for modification of the purport of the claim and the cause of the claim of this case, to the Plaintiff, for a considerable dispute over the scope of the Defendant’s obligation to perform.

Furthermore, the Plaintiff also claims an amount equivalent to damages for delay from June 23, 2012 to June 10, 2015 for the instant transport amount. However, the Plaintiff and the Defendant are separately liable for the payment of the instant transport amount.

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