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1. The Defendant’s compulsory execution against the Plaintiff is based on the payment order issued on October 15, 2013 by the Seoul Central District Court.
Reasons
1. Basic facts
A. The plaintiff is a company that operates a maritime cargo transportation brokerage business, etc., and the defendant is a company that operates a maritime transportation agency business.
B. The Plaintiff requested a fertilizer export company's 16 tons (a total of about 4.7 million won, hereinafter "the instant cargo") to the China where the importing company is located, and the Defendant was the company to be in charge of marine transportation.
Accordingly, the plaintiff issued a bill of lading (L/L) to which the consignor is the administrator at the place of destination and the consignee at the place of destination, and separately received a bill of lading (L/L) to which the consignor at the place of destination and the consignee are the consignee at the place of destination for the convenience of delivery of the cargo at the place of destination.
C. On May 21, 201, the Defendant: (a) loaded the instant cargo at the port of Busan in Korea; and (b) arrived at the port of Cheongdo in China, the destination of which was the port of destination; and (c) the Plaintiff paid KRW 224,980 to the Defendant a transportation charge.
However, the importing company, the consignee, did not receive the cargo of this case for any reason even after the issuance of the cargo delivery instruction, and accordingly, the cargo of this case has been kept in the bonded area of the Cheongdo Port.
E. On October 15, 2013, the Defendant filed an application with the Seoul Central District Court for a payment order against the Plaintiff for compensation for damages, such as the cost of storing the instant cargo, etc. On October 15, 2013, the Defendant issued a payment order stating that “The Plaintiff shall pay to the Defendant the amount calculated at the rate of USD 28,380, USD 6,780, and delay damages calculated at the rate of 20% per annum from the day after the original copy of the payment order was served to the day of complete payment (hereinafter “instant payment order”).
[Ground for Recognition: Facts without dispute, Gap evidence 1 through 15, entry of Eul evidence 1 and 2, purport of whole pleadings]
2. Determination:
A. The plaintiff is a consignor or a carrier.