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1. The Defendant’s KRW 51,182,240 as well as the Plaintiff’s annual 6% from November 1, 2017 to August 3, 2018, and the following.
Reasons
1. Basic facts
A. The plaintiff is a foreign corporation running international transportation business in Saudi Arabian Country, and the defendant is a representative director of C.
B. From June 2016 to March 2017, the Plaintiff transported a total of 98 container freight according to the transport contract with C, and the total sum of the transport charges, such as the maritime freight, to be paid by the Plaintiff to C according to the said transport contract is USD 640,579 ($ 191,100 related to the marine freight and USD 161,404 due to the receipt of the cargo and USD 288,075).
C. On April 19, 2017, the Defendant entered into a payment agreement with the Plaintiff that “If Company C fails to pay the above transport charges to the Plaintiff, the Defendant shall pay the said transport charges to the Plaintiff on behalf of the Plaintiff” (hereinafter “instant payment agreement”).
The plaintiff is a person who received USD 148,452 from C out of the transport payment.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 7, the purport of whole pleadings
2. In this case, the Plaintiff, a foreign corporation established in Saudi Arabia, seeks a payment of the agreed amount against the Defendant, who is a Korean national, has foreign elements.
Article 25(1) of the Private International Act provides that "a contract shall be governed by the law that the parties have chosen explicitly or implicitly." Since the law governing the payment agreement of this case does not conflict between the parties, the law governing the payment agreement of this case shall be Korean law.
3. Determination as to the cause of action
A. According to the above facts, pursuant to the payment agreement of this case, the defendant is obligated to pay to the plaintiff the remainder transportation cost of USD 492,127 ($ 640,579 in total transportation cost - USD 148,452 in total transportation cost of the plaintiff) and delay damages.
(b).