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(영문) 부산지방법원 2015.12.10 2015가단218309
운송료
Text

1. The Defendant’s KRW 123,549,80 for the Plaintiff and KRW 5% per annum from June 19, 2015 to December 10, 2015.

Reasons

No dispute exists or comprehensively taking account of the purport of the entire arguments in the statement in Gap evidence Nos. 1 through 5 (including the provisional number), the plaintiff transported the distribution requested by the defendant, such as Koil and Siart from July 1, 2014 to March 31, 2015, and 43,340,000 won (including value-added tax; hereinafter the same shall apply) monthly transport charges for December 2014, 42,812,812,000 won, monthly transport charges for February 2015, 36,385,800 won, and monthly transport charges for February 3, 2015 to KRW 1,012,00,549,800.

According to the above facts of recognition, the defendant is obligated to pay to the plaintiff a transportation charge of KRW 123,549,80 and damages for delay calculated at the rate of 5% per annum as provided by the Civil Act from June 18, 2015 to the date following the delivery of a copy of the complaint of this case claimed by the plaintiff, and 15% per annum as provided by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment.

The defendant asserts that it is impossible to respond to the plaintiff's claim because he/she attached the transportation fee claims for December 2014, January 2015, and February 2015, and the transportation fee claims for March 2015 in the East-Slick presses, Hanjin, etc., but the defendant's assertion is not accepted as there is no evidence to acknowledge it.

Therefore, the plaintiff's claim shall be accepted for the reasons and it is so decided as per Disposition.

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