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(영문) 수원지방법원안산지원 2016.04.20 2015가단105513
구상금
Text

1. The Defendant shall pay to the Plaintiff KRW 6,493,144 and the interest rate of KRW 15% per annum from March 9, 2016 to the date of complete payment.

Reasons

1. Basic facts

A. On July 17, 2014, the Plaintiff and the Defendant agreed to enter into the entrustment management contract on the instant truck with respect to the instant truck (hereinafter “instant truck”).

(hereinafter “instant contract”). The Defendant shall pay monthly management fees to the Plaintiff.

(Article 5(1). The defendant shall bear all the expenses incurred in the management and operation of the vehicle, such as breakdowns, repair and oil supply, taxes and public charges, insurance premiums, etc. after acquiring the freight of this case.

(Article 6(1). Where the Defendant fails to pay the above management fees for at least three months, the Plaintiff may terminate the contract.

(Article 16(2)1). The Defendant shall be liable for all damages arising from the cargo accident, industrial accident, and other illegal acts arising in connection with the management of the cargo vehicle of this case.

(Article 21(1)(b).

The Defendant had caused several accidents while operating the instant cargo vehicle, and accordingly, the premium rate of the instant cargo vehicle was from 100% to 190%.

Accordingly, the Defendant promised to pay the Plaintiff KRW 4,000,000, out of the money necessary to lower the premium rate to 100% again.

C. From March 2015, the Defendant did not pay the management fees.

The Plaintiff, as the instant complaint, notified the Defendant of the termination of the instant contract on the ground that management fees were delinquent, etc., and the Defendant received the notification on June 21, 2015.

Under the instant contract, the management fees, association expenses, insurance premiums, taxes, etc. incurred until June 21, 2015 are 1,805,380 won in total.

E. The defendant shall transport the freight lane of this case.

The plaintiff was sentenced to 644,764 won and damages for delay on the Hajin Transportation Co., Ltd., the consignor.

(U.S. District Court Decision 2015Da16383 decided Oct. 29, 2015, and December 11, 2015). The Plaintiff is KRW 687,764 on the Cargo Transportation Co., Ltd. on December 30, 2015.

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