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(영문) 제주지방법원 2015.05.27 2014나2235
선불금반환
Text

1. The appeal by the defendant (appointed party) is dismissed;

2. The costs of appeal are assessed against the defendant (appointed party) and the appointed party.

Reasons

Comprehensively taking account of the overall purport of the arguments in subparagraph 1-2 and subparagraph 3 of Article 1-3 of the judgment as to the cause of the claim, the designated party and the appointed party C, who are cargo driver, shall be paid a prepaid transport fee from the Plaintiff, who is a cargo transport business operator, on April 5, 2013, and “written confirmation (on D high speed, the designated party shall pay KRW 6,673,480 to the designated party, and the appointed party shall pay KRW 4,734,120 to the designated party,” and the Plaintiff may recognize the fact that the designated party and the appointed party C, who received a prepaid transport payment on April 6, 2013 as indicated in the above written confirmation, sent KRW 6,673,480 to the designated party on April 6, 2013 as indicated in the above written confirmation.

Therefore, the selected party is obligated to pay damages for delay calculated at the rate of 20% per annum as stipulated by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from March 18, 2014 to the date of full payment, and from March 25, 2014, which is clear that it is the next day after the original copy of the payment order was served by the designated party, to the Plaintiff, as the Plaintiff, with respect to each of the above amounts, KRW 6,673,480, KRW 4,120, and KRW 4,734,120.

The designated parties and the designated parties C to the claim of the designated parties and the designated parties C shall claim that each of the above amounts received from the Plaintiff is the transport of the cargo upon the request of the Plaintiff for the carriage of the cargo from the E logistics, but the Plaintiff requested the carriage of the cargo but failed to receive the payment, and that the payment was not paid in advance by the Plaintiff.

However, the designated parties and the designated parties are E logistics, and there is no special reason for the plaintiff to pay the transportation cost on their behalf, and as seen earlier, the title of the document prepared and submitted by the designated parties and the designated parties C to the plaintiff is the "vehicle Price Payment" and the designated parties and the designated parties are the "designated parties and the designated parties" to pay the transportation cost unpaid from the plaintiff.

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