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(영문) 수원지방법원 2015.06.25 2014나37160
운송료
Text

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. The Plaintiff is obligated to pay to the Plaintiff damages for delay calculated at the rate of 20% per annum from January 18, 2014 to December 12 of the same year under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which is the day following the delivery date of the application for the instant payment order, to the day of full payment, on which the Plaintiff transported the goods requested by the Defendant from November 2013 to December 201 of the same year, and the transport amount to KRW 90,519,825, inasmuch as there is no dispute between the parties.

2. Judgment on the defendant's defense of set-off

A. The facts of recognition 1) Hyundai Heavy Industries Co., Ltd. (hereinafter “Modern Heavy Industries”).

) The machinery, such as the Press benger equipment, etc. from Brazil OSX Shipbuilding (hereinafter referred to as “instant machinery”).

(2) Although the Defendant had completed the manufacturing of the said machinery at the Defendant’s factory and delivered the said machinery, the Defendant requested the Plaintiff to take over the machinery at the Hyundai Heavy Industries, which did not take over the machinery of this case, and the Hyundai Heavy Industries, once stored in an external warehouse, would pay the Plaintiff for the storage expenses, etc., so the Defendant received the instant machinery from the Defendant’s factory to the wharf, transported the said machinery to the wharf, and stored the said machinery on the wharf, and requested the Plaintiff to carry out transportation business with the contents of completion of the shipment.

3) Accordingly, the Plaintiff received delivery of the instant machine from the Defendant and transported the instant machine to Busan New Port, and the KNPS Co., Ltd. (hereinafter “K”)

In addition, the instant mechanical supply contract was reversed between the Hyundai Heavy Industries and the OSX station, and the Hyundai Heavy Industries was eventually replaced by the Defendant on October 23, 2013.

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