운송료
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The parties' assertion
A. On February 12, 2019, the Plaintiff asserted that the freight trucking from 13:00 on the same day from the Defendant to 15:30 on the two cargo vehicles from Nam-gu Incheon Metropolitan City, Nam-gu, Incheon, and was commissioned to transport the freight getting off to the Incheon port.
However, the Plaintiff was unable to drive more than 15:30 on the same day, and the Defendant’s employees D promised to pay KRW 200,000 per trucking freight, while the upper end of the car is late due to the situation of the owner of goods.
Accordingly, the plaintiff made a return on the same day at 15:40, and the defendant did not pay the return fee to the plaintiff. Thus, the defendant is obligated to pay 440,000 won including value-added tax and delay damages to the plaintiff at the second cargo vehicle's expense.
B. The Defendant asserted on February 12, 2019: (a) subcontracted the cargo upstream and downstream work to D; (b) D demanded eight vehicles to E engaged in the same kind of business; (c) upon the Plaintiff’s request, the Plaintiff was placed in the upper and lower work of the said cargo; and (d) the Plaintiff immediately interfered with D’s two vehicles without permission.
Since the defendant did not have agreed to pay the return fee to the plaintiff, the plaintiff's claim is unfair.
2. We examine the judgment, the fact that the plaintiff was put into the cargo transport service on February 12, 2019, the fact that the cargo was delayed due to the situation of the owner of goods, and the fact that the plaintiff returned without loading or unloading the cargo is not a dispute between the parties.
Each entry in Gap evidence Nos. 5 and 6 is consistent with the plaintiff's argument, but it is difficult for the defendant to load on the same day, and pay a return fee on the following day, and the remainder of the cargo to wait without a return. The time is delayed according to the entry in Eul evidence No. 1, but all of the cargo was confirmed on the same day. In light of the fact that the time was delayed, each entry in Gap evidence Nos. 5 and 6 is stated.