(영문) 부산지방법원 2019.06.28 2019나569 | 리걸엔진

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(영문) 부산지방법원 2019.06.28 2019나569

이사비지급

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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. On September 7, 2018, the Plaintiff was paid KRW 2 million for the transport of animals and plants with the Defendant on or around September 7, 2018, and transported the goods of the Defendant. The Defendant should pay KRW 2 million for the transport of animals and plants to the Plaintiff.

In this regard, the defendant only paid one million won as the transportation cost of the plaintiff and the separated animals. Therefore, the plaintiff's claim for payment of transportation cost in excess is without merit.

2. According to the records of Gap evidence Nos. 1 through 6, the plaintiff, on September 7, 2018, transferred the defendant's moving from the warehouse of Gangseo-gu Busan Metropolitan City to D, and the contract for the transportation of the above article was not prepared, but the workers who participated in the transportation agreed to receive a total of KRW 1.7 million transportation cost and KRW 3 million for waste disposal cost from the defendant. The plaintiff filed a complaint against the defendant as a fraud. On September 7, 2018, the defendant brought a complaint against the plaintiff on September 2018, because the plaintiff transferred the article to another place without the intent or ability to pay the cost, and the plaintiff did not pay KRW 2 million for the director's moving from the warehouse of Gangseo-gu Busan Metropolitan City, and the defendant could be found to have been convicted of the defendant's moving of the article to the plaintiff with the Busan Metropolitan City Branch Court Decision No. 20068, Jan. 30, 2019.

Therefore, the defendant is obligated to pay to the plaintiff 2 million won per annum from November 8, 2018 to December 11, 2018, which is the day following the delivery date of a copy of the complaint of this case, to the plaintiff, 6% per annum as stipulated by the Commercial Act and 15% per annum as stipulated by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

3. Conclusion, the plaintiff's claim shall be accepted on the ground of its reasoning.

The judgment of the first instance is just in conclusion.

참조조문

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