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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Comprehensively taking account of the overall purport of the arguments in the evidence No. 1-3 as to the cause of the claim, the Plaintiff provided the Defendant with transportation services equivalent to KRW 60,121,168, which is the sum of the 60,121,168, Sept. 30, 201 and Oct. 31, 201; ② the Plaintiff received KRW 33,66,168 from the Defendant on December 16, 201, and the Plaintiff received KRW 26,45,00 from the Defendant on December 16, 201, and currently remains.
Therefore, the defendant is liable to pay to the plaintiff the above attempted amount of KRW 26,455,00 and damages for delay.
2. The defendant's assertion pointing out that since the extinctive prescription on the above transport charge claim has expired, the defendant cannot respond to the plaintiff's claim.
In light of the records, the plaintiff's claim for transportation fees is not exercised within one year (Article 147 and Article 122 of the Commercial Act). In addition, even if the plaintiff's claim is not exercised within one year, it is clear in the records that the plaintiff filed the lawsuit in this case on October 18, 2016, which was more than one year after the lapse of one year from the beginning of December 17, 2011, the following day after the plaintiff received a partial repayment from the defendant. Thus, it is reasonable to deem that the plaintiff's claim for transportation fees has expired. Thus, the above argument by
3. The plaintiff's claim for conclusion is dismissed as it is without merit. It is so decided as per Disposition.