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1. The Defendant’s KRW 4,373,435 as well as the annual rate of KRW 6% from May 1, 2013 to February 7, 2014 to the Plaintiff.
Reasons
1. Basic facts
A. The plaintiff is a company running a combined freight forwarding business, and the defendant is a company running a clothing manufacturing, wholesale and retail business.
B. On June 1, 2012, the Plaintiff and the Defendant entered into a comprehensive logistics service contract under which the Plaintiff packages the Defendant’s goods and transports them to the Defendant’s consumers (hereinafter “instant contract”). The Plaintiff has been engaged in the business of packaging and transporting goods until April 2013.
C. The Defendant paid the amount to the Plaintiff’s A’s branch account. Of October 2012, 201, the KRW 5 million was not deposited in the said account in total of KRW 30,253,965,00,000,000 for December 2, 2012, and KRW 5,648,940,000 for January 2, 2013, and KRW 3,025,367 for February 3, 2013, and KRW 1,348,068 for April 2, 2013.
[Ground of recognition] Facts without dispute, Eul evidence No. 1, purport of the whole pleadings
2. Determination
A. According to the above facts finding as to the cause of the claim, the defendant is obligated to pay to the plaintiff the total sum of 30,253,965 won for the packing and transport of goods (hereinafter “the price of this case”) and damages for delay, unless there are special circumstances to the contrary.
B. The defendant's defense is proved to the effect that, while the defendant's defense was attached to the plaintiff's employee who was the general manager of the plaintiff's branch, Eul requested the payment of the price of this case by the individual account No. B for the employee's wage payment, and the whole remittance was made, the plaintiff did not have the right to receive the price, and the defendant's transfer to the bank account No. B cannot be recognized as effective.
(2) As a trade employee, who has a partial comprehensive power of attorney under Article 15 of the Commercial Act, may perform all acts other than trials on a specific type of business or a specific matter conferred by him/her, the proprietor does not have the right to separate from the proprietor for each act, but a certain act is delegated.