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(영문) 창원지방법원 통영지원 2021.01.28 2020가단13402
운송료
Text

The defendant shall pay 132,619,000 won to the plaintiff and 12% per annum from May 15, 2020 to the day of complete payment.

Reasons

1. According to the overall purport of Gap evidence No. 1's evidence and the changed theory as to the cause of the claim, it is recognized that the plaintiff runs a active fish transport business with the trade name "C", the defendant runs an inshore fish transport business, the plaintiff transported the defendant's goods according to the contract of carriage between the plaintiff and the defendant, and the plaintiff transported the defendant's goods on April 4, 2020, and the plaintiff's remaining transport price against the defendant was 132,619,000.

Therefore, the Defendant is obligated to pay to the Plaintiff the remainder transport cost of KRW 132,619,00 and the Plaintiff with delay damages calculated by adding a rate of 12% per annum from May 15, 2020 to the day of full payment after the delivery of the original copy of the instant payment order, as sought by the Plaintiff.

On April 3, 2020, the Defendant alleged to the effect that on April 3, 2020, the Plaintiff established a provisional registration of the right to claim the transfer of ownership on D’s building located in common city. However, the Defendant’s assertion and proof on the establishment of the claim for transfer of ownership was insufficient to secure the above transport price claim, and the Plaintiff’s transport price claim is affected by the existence of the above provisional registration.

It is difficult to see the defendant's above assertion.

2. It is so decided as per Disposition by the assent of all participating Justices on the ground that the claim of this case is reasonable.

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