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(영문) 창원지방법원마산지원 2019.02.14 2018가단107414
운송료
Text

1. The Defendant’s KRW 90,648,100 for the Plaintiff and KRW 5% per annum from October 31, 2018 to January 2, 2019.

Reasons

1. According to a transport contract concluded between the Plaintiff and the Defendant with the indication of the claim, the Plaintiff’s payment amounting to KRW 90,648,100 for the transport service provided to the Defendant from January 2017 to September 2018, and the claim for payment of the delayed payment thereof. 2. Confession (Article 208(3)2 of the Civil Procedure Act)

3. The part to be partially dismissed filed a claim for the payment of damages for delay at interest rate of 15% per annum from the day following the delivery date of the original copy of the instant payment order to the day of complete payment. However, the Plaintiff claimed for the payment of damages for delay at interest rate of 142,658,100 won for the first 142,658,100 won, and the Defendant asserted that the above 142,648,100 won should be changed to KRW 90,648,100 on December 20, 2018. Accordingly, the Plaintiff’s claim was reduced to the effect that the above 142,658,100 won should be reduced to KRW 90,648,100 on the date of pleading on December 20, 2018, and it is clear that a certified copy of the protocol stating such purport was served on the Defendant on January 2, 2019.

Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay calculated by the ratio of 5% per annum under the Civil Act from October 31, 2018, the service date of the original copy of the instant payment order, which is the day following the service date of the original copy of the instant payment order, to January 2, 2019, and 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the next day to the day of complete payment.

Therefore, the plaintiff's claim of this case is justified within the scope of the above recognition, and it is dismissed as the remaining claim is without merit.

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