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(영문) 부산지방법원 2017.12.14 2017나40457
운송료
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.

The defendant.

Reasons

1. Determination as to the cause of claim

A. The following facts are recognized in full view of the facts and the purport of Gap evidence Nos. 7, 8, Eul evidence No. 5 and the whole arguments, unless there is a dispute between the parties or in full view of the following facts:

1) From April 26, 2015 to August 13, 2015, the Plaintiff providing transportation services to the Defendant who engages in agricultural product processing and sales business, etc., and settled the unpaid transportation charges (including customs clearance expenses, etc.) with the Defendant as KRW 47,090,162 on August 14, 2015. 2) On and after August 21, 2015, the Plaintiff received KRW 20,000,000 as transportation charges from the Defendant on November 30, 2015.

B. According to the above facts of recognition, the Defendant is obligated to pay the Plaintiff the unpaid transport charges of KRW 7,090,162 (=47,090,162) - 40,000,000) and delay damages therefrom, barring special circumstances.

In addition, the Plaintiff asserts to the effect that, under the condition that the Defendant fully pays the transport charges by September 30, 2015, the Defendant reduced the unpaid transport charges from KRW 54,383,162 to KRW 47,090,162 as of August 14, 2015. Since the Defendant failed to complete the payment by September 30, 2015, the Defendant is obliged to pay the Plaintiff the unpaid transport charges of KRW 14,383,162, which was paid by the original transport charges of KRW 54,383,162.

However, the evidence submitted by the Plaintiff alone is insufficient to recognize that the Plaintiff and the Defendant settled the transport fee by reducing the transport fee to KRW 40,090,162 on the condition that the Defendant fully pays the unpaid transport fee by September 30, 2015, and there is no other evidence to acknowledge it.

Therefore, the plaintiff's assertion that exceeds 7,090,162 won recognized earlier is rejected.

2. Judgment on the defendant's assertion

A. The Defendant asserts that the Plaintiff paid KRW 40,000,000 out of the final transportation charges of KRW 47,090,162, which was settled by the Plaintiff, and reduced or exempted the remaining transportation charges of KRW 7,090,162. However, there is no evidence to acknowledge this.

Therefore, the defendant's above assertion.

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