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(영문) 부산지방법원 동부지원 2018.06.20 2017가단10833
운송료
Text

1. The Defendant shall pay KRW 15,789,00 to the Plaintiff the annual rate of KRW 15% from January 5, 2018 to the date of complete payment.

Reasons

1. The Plaintiff’s judgment on the cause of the claim is the person engaged in the cargo transport business in its trade name, and the Defendant is the manufacturer of industrial machinery, and the Plaintiff, upon the Defendant’s request for cargo transport, has transported the industrial machinery, etc. seven times from October 2016 to April 2017, but did not receive KRW 15,789,00 out of the total transport fee of KRW 31,647,00,00, did not conflict between the parties. Thus, barring any special circumstance, the Defendant is liable to pay the Plaintiff the unpaid transport fee of KRW 15,789,00 and delay damages therefrom.

2. Judgment on the defendant's assertion

A. The defendant's summary of the defendant's assertion asserts that since the defendant transferred to the plaintiff the amount equivalent to KRW 13,750,000 of the industrial machinery manufacturing cost claim against C (D Company, hereinafter "C") in lieu of repayment of debt, the plaintiff's claim cannot be complied with.

B. On the gist of the plaintiff's assertion, the plaintiff asserts that since the contract with the defendant was invalidated by being unable to give notice of the assignment of claims to C, such as the return of the notification of the assignment of claims to C due to the absence of closure, the defendant still has the obligation to pay the unpaid transportation

C. The following facts are either not disputed between the parties, or can be acknowledged in full view of the purport of the entire pleadings in the entries in Gap evidence Nos. 6 through 8, 10, and 111. ① The defendant has a claim of KRW 13,750,000 for the manufacturing cost of the industrial machinery (40 tons presses) owned by Eul around May 2017 (hereinafter “the claim of this case for manufacturing cost of the machinery”).

(3) The assignment of claims to the Plaintiff is a contract that transfers the claim to the Plaintiff (hereinafter “instant assignment of claims”).

The details of the contract are as follows. The transfer contract (No. 6; hereinafter referred to as the “transfer contract of this case”).

The transferor of credit: The transferee of the credit: The plaintiff debtor: C

1. The transferor shall be as follows to the obligor:

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