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(영문) 대구지방법원서부지원 2016.01.14 2015가단13861
운송료 청구
Text

1. The Defendant’s KRW 31,988,00 for the Plaintiff and the same month from July 30, 2015 for the Plaintiff.

9. up to 30.0% per annum.

Reasons

1. Occurrence of a claim for transportation charge;

A. At the request of the Defendant from February 2015 to June 12, 2015, the Plaintiff: (a) transported the goods produced by the Defendant from the upper place designated by the Defendant to the lower place; and (b) the unpaid transportation charge is KRW 31,98,00 at the present rate.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 8, purport of whole pleadings

B. According to the above facts of determination, the Defendant’s payment of the unpaid transportation charges of KRW 31,988,00 and the same month from July 30, 2015, following the delivery date of a copy of the complaint of this case, pursuant to the provisions of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.

9. There is an obligation to pay 20% per annum for up to 30.30. and 15% per annum for delay from the next day to the day of full payment.

2. Determination on the Defendant’s assertion

A. The Plaintiff and the Defendant asserted that they agreed to faithfully perform the payment of transport charges, taking into account the Defendant’s circumstances, and did not enter into a specific time for payment, including 45 days after the end of each month. Since the Defendant, in practice, made payment four months after the lapse of about four months, the due date for payment of KRW 4,345,000 is the first police officer on July 2015.

Nevertheless, on June 19, 2015, the Plaintiff filed an application for provisional attachment of real estate against the Defendant for the provisional attachment of real estate owned by the Defendant as the preserved right and received a provisional attachment order against the Defendant’s claim for transportation charges of KRW 31,988,00 (hereinafter “instant transportation charges claim”) against the Defendant. This is an unfair provisional attachment order against a claim the maturity of which has not arrived as the preserved right.

The Defendant planned to obtain a loan from the Korea Credit Guarantee Fund as collateral for operating funds. However, the Defendant suffered damages due to the above provisional attachment decision, such as the amount unpaid due to the above provisional attachment decision, and thus, offset the Defendant’s damage claim against the Plaintiff against the Defendant’s damage claim.

B. The defendant's judgment.

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