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1. Defendant A’s KRW 22,797,50 and the Plaintiff’s annual rate of KRW 6% from October 1, 2014 to February 24, 2015.
Reasons
1. Comprehensively taking account of the overall purport of the pleadings in each of the evidence Nos. 2 and 4 (including paper numbers; hereinafter the same shall apply) of the basic facts, the Plaintiff entered into a contract of carriage of goods with the Defendant A around February 2014; the Plaintiff entered into a contract of carriage of goods to be transported by the Plaintiff; and the same year from February 10, 2014 to the same year.
9. It is recognized that up to 14.14. it has not received 22,797,500 won for carriage of goods requested by Defendant A.
2. Determination
A. The Plaintiff’s assertion is liable for the Plaintiff to pay the unpaid transport cost of KRW 22,797,50 to the Plaintiff. Since the Defendant Company requested the Defendant Company to transport goods and the Defendant Company has the obligation to pay the unpaid transport cost of KRW 15,631,00 to the Defendant Company, the Defendant Company is obligated to pay the unpaid transport cost of KRW 22,797,50 to the Defendant Company, in order to preserve the Defendant Company’s claim for the unpaid transport cost of KRW 22,797,50.
B. Judgment by public notice on demand against Defendant A (Article 208(3)3 of the Civil Procedure Act)
C. In full view of the result of the reply to the submission of financial transaction information to the Chairperson of the Korea Federation of Banks by this court against the Defendant Company, the following facts are acknowledged: (a) Defendant A has a total of KRW 7,585,00,00 for financial institutions, etc.; and (b) Defendant A has a total of KRW 30,382,50,00 for the instant debt, etc. against the Plaintiff; and (c) Defendant A is in a state of insolvency exceeding the obligation.
Furthermore, we will examine whether Defendant A still remains the unpaid transport payment claim against the Defendant Company.
The Plaintiff requested the Defendant Company to transport goods worth KRW 14,210,000 in total from May 1, 2014 to September 14, 2014.