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(영문) 서울중앙지방법원 2019.11.27 2019가단5158938
운송료
Text

1. The defendant shall pay 88,842,828 won to the plaintiff and 12% per annum from June 8, 2019 to the day of complete payment.

Reasons

1. In light of the purport of the entire argument in the statement in Gap evidence Nos. 1 and 4, the plaintiff transported smoke from February 13, 2019 to February 19, 2019 at the request of the defendant, and accordingly, it is recognized that the service cost of KRW 143,842,828 was incurred, and the plaintiff received KRW 55,00,000 from the defendant.

According to the above facts, the defendant is obligated to pay the service cost of KRW 88,842,828 to the plaintiff (=143,842,828 won - 55,000,000) and damages for delay, barring any special circumstances.

2. As to this, the Defendant asserts to the effect that the Plaintiff agreed to pay service charges upon the sale of flexible coal transported by the Plaintiff, and that he agreed to adjust the amount when paying service charges.

However, there is no evidence to acknowledge this.

The defendant's assertion is not accepted.

3. The Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 12% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from June 8, 2019 to the date of the delivery of the original copy of the instant payment order, with respect to KRW 88,842,828 and its amount, and thus, the Defendant is obliged to pay the Plaintiff damages for delay calculated from June 8, 2019 to the date

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