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(영문) 제주지방법원 2016.11.04 2015가단3500
운송료
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Determination as to the cause of claim

A. The Plaintiff’s assertion is a corporation whose business purpose is various cargo transport services, etc., and the Defendant, who is engaged in cargo transport services and transportation services in the name of “B,” and transported the cargo amounting to KRW 28,286,500 from October 29, 2013 to December 11, 201 of the same year, and later, the Defendant was paid KRW 30,520,750 as transportation charges, including the above transportation charges, from November 21, 2013 to December 6, 2013.

Therefore, the defendant is liable to pay the plaintiff the transport cost not paid to the plaintiff according to the above contract of carriage.

Even if the contract of carriage was not concluded between the plaintiff and the defendant, the defendant is obligated to return it to the plaintiff as unjust enrichment, since the plaintiff received the transportation cost to be paid from E.

B. The issue of this case is whether the Defendant requested the Plaintiff to transport the freight of the Plaintiff’s assertion. The Plaintiff’s assertion is without merit, since it is difficult to easily believe that the Plaintiff’s statement of No. 8 was consistent with the Plaintiff’s above assertion, and otherwise, there is no evidence to prove that the Defendant requested the Plaintiff to transport the freight, and there is no evidence to prove that the Defendant received the payment corresponding to the Plaintiff’

2. Conclusion, the plaintiff's claim is dismissed as it is without merit.

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