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(영문) 서울고등법원 2015.04.24 2014나2051754
택배운송료
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

. The Defendant Company’s goods were transported from July 21, 2012 to October 2012.

B. On December 31, 2012, the Defendant Company: (a) determined KRW 168,964,273 as transport charges, an annual interest of KRW 166,736,200, the sum of the outstanding transport charges of KRW 166,736,200 (hereinafter “instant transport charges”); (b) drafted a letter of commitment to perform obligations as follows; (c) Defendant B signed and sealed each letter of commitment to perform obligations on the same day.

The amount of obligation guaranteed: 168,964,273 Defendant Company confirms that the balance of the unpaid transport charges incurred during transactions with the Plaintiff is identical to the above and confirms that the amount of obligation will be repaid as follows in good faith:

56,321,424,424 5,209,850 1,111,575 twice (28 February 28), 56,321,424,421,424 55,4245,4245,43,4245,4378,4375,990,964,27316,2736,202,202,228,573* 773,573,575,509 (31 March 31), and 56,321,42445,4245,435,4375,990,964,273 16,736,202,202,228,573 *

1. As above, the Defendant Company shall make a letter of reimbursement as set forth above, and shall lose the obligor’s interest of time when the repayment is delayed, and shall bear 20% interest per annum on the first day of the occurrence of the obligation as the base date.

C. Accordingly, the Defendant Company paid to the Plaintiff KRW 46,396,020, totaling KRW 31,396,020 on January 31, 2013 and KRW 15,000 on February 28, 2013.

Meanwhile, the Plaintiff deposited KRW 13,207,00 in the name of the Defendant Company as compensation for accidents caused by loss, damage, or non-delivery incurred while transporting goods by the Defendant Company.

2. Judgment on the plaintiff's claim

A. According to the above findings of the determination as to the cause of the claim, the defendant company shall pay each transport fee on the first and second payment dates.

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