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(영문) 대구지방법원김천지원 2020.04.22 2019가단35694
운송료
Text

1. The Defendant shall pay to the Plaintiff KRW 30,231,633 and the interest rate of KRW 12% per annum from March 27, 2019 to the date of complete payment.

Reasons

1. The following facts are either in dispute between the parties or in full view of the purport of the entire pleadings as to Gap evidence 1-1, 2, 3, 4, 5, and Gap evidence 2-1, 2, 3, and 4:

The Defendant is a corporation established for the purpose of cargo transport business, etc., and the Plaintiff entered into an entry contract with the Defendant with respect to C vehicles (hereinafter referred to as “instant contract”) and carried out cargo transport from July 22, 2018 to December 26, 2018.

B. According to the instant contract, the Plaintiff’s trucking transport charges amounting to KRW 68,847,90 in total, and the detailed details are as follows.

Transportation charges (including additional taxes) 12,695,100 won from July 22, 2018 to July 31, 2018 (7) 3,322,00 won from August 1, 2018 to August 31, 2018 (8) 10,594,100 won from September 1, 2018 to September 30, 2018; 12,695, 100 won from September 30, 208 to September 30, 2018; 10,00 won from October 31, 2018 to October 31, 2018 (15,05,00 won from October 1, 2018 to October 16, 2018; 10,000 won from August 1, 2018 to April 16, 2018 (the transportation charges).

C. The Defendant paid the total amount of KRW 9,180,062 to be borne by the Plaintiff, and the total amount of KRW 19,436,205 was generated by the freight carriage under the instant contract, and the Plaintiff bears the obligation to pay KRW 10,00,000 to the Defendant for freezing power generation.

Serial 15,33,950 won on October 15, 2018, 15,75,852 won on August 15, 2018, 2018, 200 won on September 1, 2018, 650,297 won on September 1, 2018, 2018, 333,950 won on September 15, 2018, 30 on October 2, 17, 2018, 236, 717 won on August 2, 2018, 205, 860 won on April 5, 2018, 200 won on August 6, 2018, 200 won on June 6, 201, 206; 300 won on June 16, 196, 208

2. Assertion and determination

A. According to the above findings of the determination as to the cause of the claim, barring any special circumstance, the defendant totaling KRW 30,231,633 (=transport charge = KRW 68,847,90 - 38,616,267 (i.e., freezing power plant)

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