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(영문) 부산지방법원 2021.01.21 2018가합41385
운송료
Text

1. The Defendants are jointly and severally liable to the Plaintiff for payment of KRW 996,418,980 and 12% per annum from March 20, 2018 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff is a company that operates multiple logistics business, and Defendant B (hereinafter “Defendant B”) is a company that mainly engages in fixed and gambling of export cargo.

Defendant C Co., Ltd. (hereinafter “Defendant C”) is a company established to carry out cargo transport business, and Defendant D is the representative director of Defendant C.

B. Preparation of the loading and unloading contract of this case was made by Defendant B as a customer with the following terms and conditions (hereinafter “the loading and unloading contract of this case” and the contract under this provision was made “the loading and unloading contract of this case”).

The defendant B (hereinafter referred to as the "consumer") and the plaintiff enter into the following contracts with respect to the loading and unloading/transportations entrusted by the customer company to the plaintiff:

Section 1 (Purpose) The purpose of this Agreement is to enter into an agreement on the matters necessary for the plaintiff to carry out the loading and unloading of the goods (outstanding) designated and consigned by the customer company, and the customer company and the plaintiff shall perform in good faith the rights and duties under this Agreement.

Article 2 (Scope of Business) The duties entrusted by a customer company to the Plaintiff under this Agreement refers to the following duties:

Provided, That the following affairs shall be limited to the affairs completed by separate consultation through prior written agreement and the calculation of estimate between the Parties:

(1) The plaintiff is entitled to (2) cargo shipping services (land transportation, sea transportation) by prior written agreement (3) other services by prior written agreement, and (4) other services incidental to the above services, which are agreed upon between the parties, under the prior written agreement and the agreed estimate price, to the customer by the last day of the relevant month. The plaintiff is entitled to claim against the customer, under the prior written agreement and the agreed estimate price. The customer is designated by the plaintiff within 90 days from the date of the claim.

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