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(영문) 창원지방법원 2020.01.16 2018나5557

구상금 등

Text

1. The plaintiff's appeal and the claims extended and selectively added by this court are all dismissed.

2. Appeal;

Reasons

1. Facts of recognition;

A. C (hereinafter “C”) and D (hereinafter “D”) are companies with the purpose of cargo transport business, etc. The Plaintiff was the representative director of C from April 20, 2017 to February 9, 2018. The Defendant is a corporation with the purpose of manufacturing Aluminum metal.

B. On October 2, 2017, the Defendant entered into a contract of storage and transport of aluminium (U.S.) produced by the Defendant (hereinafter “the first contract of transport”). The contract period from October 2, 2017 to October 1, 2018 was from October 2, 2018, and the specific business details were as follows: (a) C moves to a warehouse under the control of C while carrying her own transport vehicle with an A.S. factory (itton Bag, one name “Mam” or “Mam”) and carrying it into a warehouse under the control of C, and at the request of the Defendant, transported her to the ewal office designated by the Ewal office.

C. From January 14, 2016 to August 20, 2017, and November 15, 2017, F, who had been in charge of C’s carriage, had been in the office of representative director of C from November 15, 2017 to February 9, 2018.

Around February 2018, the Plaintiff, F, and the Defendant agreed to change the contractual parties to the first transport contract into D. Accordingly, the Defendant and D changed the contract term from February 26, 2018 to February 25, 2019 only during the contract term of the first transport contract from February 26, 2018, and the remainder was the same with the same content (hereinafter “the second transport contract”).

The second transport contract was terminated on June 12, 2018, and the defendant paid D 8,000 won per ton in June 2018 and 6,500 won per ton in the immediately preceding two months.

E. On the other hand, D shall receive payment from the Defendant on March 21, 2019.