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(영문) 수원지방법원안산지원 2019.09.11 2019가단3370
운송대금
Text

1. The Defendant’s KRW 37,590,00 and the Plaintiff’s KRW 15% per annum from April 5, 2019 to May 31, 2019.

Reasons

1. In fact, the Plaintiff provided the Defendant with cargo transport services from around 2017 to June 2, 2018, and was not paid KRW 37,590,000 in total.

[Ground of recognition] Facts without dispute, A1-1, 1-2, 2, purport of the entire pleadings

2. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff the transport cost of KRW 37,590,000 and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from April 5, 2019 to May 31, 2019, following the day following the delivery of the complaint, and 12% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

As the provisions on statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings were amended by Presidential Decree No. 29768 on May 21, 2019 and enforced on June 1, 2019, the statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings was 15% per annum, and it was 12% per annum from June 1, 2019. Thus, the claim for delay damages for the period after June 1, 2019 is justifiable only within the amount calculated at the rate of 12% per annum, and the remainder is groundless.

3. The plaintiff's claim for conclusion is partly accepted within the extent of the above recognition.

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