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(영문) 서울고등법원 2018.05.09 2017나2050851

운송금지 등

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1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiffs are door-to-door companies that run trucking transport business, etc. with permission from the Minister of Land, Infrastructure and Transport under Article 3(1) of the Trucking Transport Business Act.

B. The Defendant is a company established for the purpose of telecommunications sales business, product brokerage business, etc., and is engaged in the business of selling goods by means of social mail from August 2010 to August 201.

C. From March 2014, the Defendant purchased goods from a product supplier company (hereinafter “cooperative”) and directly sold them to buyers at the Defendant’s logistics center, etc., and provided the so-called “scick delivery service” directly to buyers via the “cickman,” a staff employed by the Defendant.

In addition, when the buyer withdraws an offer, the defendant collects the goods from the purchaser through the defendant's employees and delivers the goods to the defendant's logistics center, etc.

E. The Defendant used a truck owned by the Defendant for the delivery of the goods sold to the buyer and the transportation of the goods returned by the buyer, but in connection with this, the Defendant did not obtain permission for trucking transport business under Article 3 of the Trucking Transport Act.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, 6, 20, 32 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The attachment to the relevant Acts and subordinate statutes shall be as specified;

3. The plaintiffs' assertion

A. The defendant transports goods to a truck in response to the buyer's request and (the place designated by the buyer by the service of tickets delivery (hereinafter referred to as "delivery") is the place where the goods sold to the buyer are transported to a truck

The act of transporting goods to which the buyer has withdrawn the offer and transporting goods to the defendant's logistics center, etc. through the return service.