운반계약해지무효확인 등
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Basic facts
A. On January 1, 2016, the Plaintiffs entered into a contract with the Defendant to transport raw materials and subsidiary materials to and from the D Samdong Factory Co., Ltd. (hereinafter “each of the instant contracts”) in letter or from the port of the East Sea and the Port at the direction of the Defendant (hereinafter “instant contracts”).
The contents of each contract of this case relating to this case are as follows.
Article 3:Responsibilities and Responsibilities and Obligations of “B” (referring to the Plaintiff; hereinafter the same shall apply) (1) “B” shall conduct simple, round up, and sub-transporting operations in accordance with the work instructions of “A (the Defendant refers to the Defendant; hereinafter the same shall apply)”, and shall notify “A” in advance at the time of non-working due to extenuating circumstances.
(7) If “A” intentionally fails to perform the obligation of “B”, it shall be subject to the following penal provisions:
On one-time basis: Three-day entry suspension at least three occasions: On one-month entry suspension: Article 6 of the termination of the contract: (1) In the event of an accident, civil petition processing ① In the event of an intentional or negligent loss of “A” due to the intention or negligence of “B”, the amount of loss calculated in accordance with the reasonable calculation criteria of “A” shall be compensated for.
Article 7:Prohibited Matters (1) No "B" shall engage in any conduct that causes water, such as collective action or requirement, within the company.
Article 8:Cancellation of a Contract (1) Where a “B” fails to faithfully perform its contractual obligations; (2) Where a “B” commits a prohibited act under Article 7 of the Contract.
B. The plaintiff A is the chairperson of the Gangseo-gu Construction Union E-Subdivision of the Korean Construction Union E-Subdivision (hereinafter referred to as the "E-Subdivision"), and the plaintiff B is the secretary of the E-Subdivision.
On May 30, 2016, the E-Subdivision demanded the Defendant to hold a consultation on the increase of transport cost as set forth in the transportation contract concluded between the Defendant and its members. On July 19, 2016, E-Subdivision executives, including the Plaintiffs, and the Defendant had negotiated on the increase of transport cost, but the negotiation was concluded.
C. On July 22, 2016, E-Subdivision does not increase the transportation cost to the Defendant on July 22, 2016.