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(영문) 부산지방법원 2016.07.26 2016가단9496
운송비
Text

1. The Defendant shall pay to the Plaintiff KRW 14,619,384 and the interest rate of KRW 15% per annum from March 1, 2016 to the date of complete payment.

Reasons

According to the purport of Gap evidence 1-1, 2, and 3 as a whole, the plaintiff is obligated to pay to the plaintiff damages for delay calculated at the rate of 15% per annum from August 1, 2016 to November 2015 by the day following the delivery of a copy of the complaint of this case to the day of full payment, since the plaintiff transported soil and sand, etc. at the defendant's request from several construction sites contracted to him by the defendant, and the transportation cost of the plaintiff was 14,619,384, among transportation cost. Thus, the defendant is obligated to pay to the plaintiff damages for delay calculated at the rate of 15% per annum from March 1, 2016 to the day of full payment.

As to this, the defendant asserted that the transportation cost of KRW 8,300,000 transported by the plaintiff to B shall not be paid to the plaintiff since the defendant was not paid to the plaintiff. The defendant's payment of KRW 300,000,000 from the money to be paid to the plaintiff should be deducted from KRW 850,848,00,00,000, which was paid by the defendant to the plaintiff. However, the defendant's assertion that the payment of KRW 8,300,000,000, which was paid to the plaintiff cannot be a justifiable ground for refusing the payment of the transportation cost

The plaintiff's claim of this case is justified.

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