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1. The Defendant’s KRW 30,893,863 as well as the Plaintiff’s annual rate of KRW 6% from March 4, 2014 to September 16, 2015.
Reasons
1. Facts recognized;
A. The Plaintiff is a corporation located in Vietnam, which is engaged in the export and import business of automobile-related parts and general industrial products. The Defendant was established on February 22, 2013 and entrusted the transportation of used cars, equipment, etc. to Nonparty B Co., Ltd. (hereinafter “Nonindicted Company”) by being entrusted with the transportation of used cars, equipment, etc. from the ordering person of the Central Asia. The Nonparty Company is a company that engages in multimodal transportation brokerage, transportation brokerage, etc. by transporting the goods entrusted by the Defendant to the Central Asia.
B. On May 2013, when receiving, keeping, and delivering marine and air cargo between the non-party company and the non-party company, the Plaintiff designated the non-exclusive freight forwarding agent located in Vietnam of the non-party company as the non-exclusive freight forwarding agent located in Vietnam of the non-party company, respectively, and entered into an agency contract with the non-exclusive freight forwarding agent located in Korea of the Plaintiff to pay the other party fees or substitute payment charges, etc. (hereinafter “fee”). From that time to September 2013, the Plaintiff provided services equivalent to USD 40,359.23 in total of fees from that time to September 2013.
C. On October 10, 2013, the Plaintiff appropriated for payment of USD 8,388.08, which was partially paid by the non-party company, to the non-party company, and the Plaintiff has a claim of USD 32,435.25 (i.e., USD 40,359.23 ($ 464.1 - Partial repayment of USD 8,388.08, Oct. 10, 2013). The non-party company is insolvent, such as where the non-party company could not pay all the remainder of the fee.
On August 20, 2013, the Defendant settled the fare and handling fee under the existing freight forwarding contract, etc. between the non-party company and the non-party company on August 20, 2013, and the Defendant paid 348,540,422 won to the non-party company (i.e., US$ 306,174.73 US$ 900,000) by September 30, 2013; however, if the payment is not made at the due date, the Defendant would lose the benefit of time; and from October 1, 2013, the Defendant would lose