손해배상(기)
1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The plaintiff is a person who operates cargo transport business with the trade name of C&C (the actual operator is deemed to be the plaintiff's husband D), and the defendant is a company that manufactures shipbuilding machinery and equipment.
B. Around October 2011, D on behalf of the Plaintiff entered into a cargo transport contract with the Defendant with respect to the goods requested by the Defendant (hereinafter “instant contract”). The key contents of D are as follows.
Article 5 (Charges and Payment): 9 million won (including vehicle oil expenses, value added tax) 2) "B (Ctransport)" shall be calculated by aggregating the transport details by the fourth day of each month and the "A (Defendant)" shall pay the transport charges in cash from the first day of each month to the last day of each month on the day of the regular payment (17 days).
Article 6(C)1 of the Act provides that “A” may cancel without the consent of “B” and “B” when “B” is deemed difficult to perform this Agreement, or when “B” violates this Agreement, “A” and “B” have the same right. 2) When “A” and “B” intend to cancel, they must give notice of cancellation 30 days prior to the cancellation.
Article 8 (Period of Contract) The period of this Agreement shall be one year from November 1, 201 to one year. 2) If there is no separate objection by 30 days before the expiration of the contract period, the contract period shall be automatically extended.
C. According to the instant contract, the Plaintiff transported the goods requested by the Defendant from November 1, 201 to November 201, 201, and received a monthly fare of KRW 9 million from the Defendant (excluding value-added tax).
[Ground of recognition] A without dispute, entry of evidence No. 3, purport of the whole pleadings
2. The parties' assertion
A. The Defendant did not express its intent to refuse to renew the instant contract from October 31, 2012 to 30 days prior to the expiration date of the instant contract. Therefore, there is no separate objection by 30 days prior to the expiration date of the contract period.