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1. The Defendants jointly and severally liable to the Plaintiff KRW 40,776,00 and Defendant B from May 1, 2018 to December 13, 2018.
Reasons
1. Facts of recognition;
A. The Plaintiff is a person engaged in transportation business with the trade name of “D” and “E”.
Temporary transport proceeds (won) 1,034,00 E on January 2, 2018 2. 1, 2018. 407,00 E on January 9, 2018; 748,00 E on January 21, 2018; 760,00 E on January 29, 208; 08. 1, 00 E on February 5, 2018; 0. 6. 8, 20. 8, 200, 20. 8. 1, 20, 200. 8, 20. 8, 20. 1, 208, 20. 7, 27. 8, 200, 271, 00 E. 6,000, 009, 205, 9, 18. 1, 2008
B. After obtaining permission from Defendant B, who registered his/her business in the name of “F”, Defendant C requested the Plaintiff to transport cargo several times from January 2, 2018 to April 30, 2018 as indicated in the following table, and the transport cost reaches KRW 46,585,00 in total.
C. Defendant C does not pay KRW 40,776,00 out of the above transport cost.
[Ground of recognition] Evidence Nos. 1 through 4, Evidence No. 5-1 and 2, and the purport of the whole pleadings
2. According to the above findings of determination, Defendant C is liable to pay the unpaid transport charges to the Plaintiff based on the transport contract, and Defendant B is jointly and severally liable to pay the unpaid transport charges with Defendant C pursuant to Article 24 of the Commercial Act.
As such, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 40,776,00 and the amount of delay damages calculated at each rate of 15% per annum under the Commercial Act from May 1, 2018, which is the day following the last transport day (Defendant B, December 13, 2018, and Defendant C, January 16, 2019) until the service day of a copy of the complaint (Defendant B, January 13, 2018, and January 16, 2019).
3. Conclusion, the Plaintiff’s Defendants.