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(영문) 서울중앙지방법원 2020.08.26 2019가단5162579
운송대금
Text

1. The Defendants are jointly and severally liable.

A. The Plaintiff Company A’s KRW 24,053,736 and its related amount from October 25, 2019 to August 20, 2020.

Reasons

1. Basic facts

A. Plaintiff A (hereinafter “Plaintiff A”) and Plaintiff C Co., Ltd (hereinafter “Plaintiff C”) are companies with the purpose of combined freight forwarding business, etc.

Defendant E actually operates G Co., Ltd. (hereinafter referred to as “G”) for the purpose of cargo brokerage, agency, etc., and closes it on November 21, 2018, and actually operates Defendant F Co., Ltd. (hereinafter referred to as “Defendant F”) for the purpose of international logistics brokerage business, etc. on October 17, 2018.

B. G is liable for the unpaid transport amount of KRW 29,006,660 by requesting the Plaintiff A to transport trade from July 16, 2018 to November 1, 2018, and Plaintiff C was responsible for the unpaid transport amount of KRW 3,164,880 by requesting Plaintiff C to transport trade on June 10, 2018.

G and Defendant E agreed on January 10, 2019 and January 17, 2019 that they would jointly pay their respective unpaid transport charges to the Plaintiffs by January 21, 2019.

C. On February 25, 2019 and February 27, 2019, Defendant F agreed to succeed to the obligation of each of the Plaintiffs of G with respect to the unpaid transport payment, and to pay it jointly and severally with Defendant E.

(hereinafter referred to as “instant agreement on succession to obligations”). 【No dispute exists, entry in Gap’s evidence 1 through 7 (including provisional number), the purport of the entire pleadings.

2. Determination

A. According to the facts established prior to the determination of the cause of the claim, barring any special circumstance, the Defendants are jointly and severally liable to pay the Plaintiff the unpaid transport payment obligation of G to the Plaintiff, KRW 29,006,660, and KRW 3,164,880, and the damages for delay calculated at the interest rate prescribed by the Commercial Act and the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc., from January 22, 2019, the following day after the Defendants agreed to pay the unpaid transport payment obligation of G to the Plaintiff C.

B. The Defendants’ assertion of set-off 1 as to the Defendants’ defense, which determined the set-off defense, unfairly delays the delivery of the Plaintiffs and G.

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