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(영문) 수원지방법원 2017.07.13 2016나9602

손해배상(기)

Text

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.

Reasons

1. Basic facts

A. On January 13, 2015, the Plaintiff entered into a contract for vehicle acquisition (hereinafter “instant contract for vehicle acquisition”) with the Defendant to acquire KRW 26,000,000 from the Defendant’s “B Poter II” (hereinafter “instant contract for vehicle acquisition”). On January 20, 2015, the Plaintiff entered into a contract for vehicle investment and management and consignment (hereinafter “instant contract”) with the content that the vehicle is to be transferred to the Defendant.

(Matters of special agreement) Payment of C C C. Monthly transportation charges of KRW 2.7 million for vehicles with a modern one ton automobile tower for business use of automobile parts. Additional tax shall be set aside.

An application for a subsidy welfare card, which shall be kept separately from tolls.

Separate transit.

B. The instant vehicle transfer agreement is stipulated in the following special agreement (hereinafter “instant special agreement”):

C. Meanwhile, on January 13, 2015, the Defendant and C entered into a transportation service contract with the content that the Defendant delivers the goods requested by C, and the contract period was set from January 13, 2015 to January 12, 2018.

In accordance with the instant special agreement, the Plaintiff received an order from the Defendant to suspend the transport of C freight on August 6, 2015, which was in charge of the transport of C freight pursuant to the order of the Plaintiff, and was not in charge of the transport of C freight after August 15, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 2 through 5, Eul evidence 1, the purport of the whole pleadings

2. The parties' assertion

A. The instant special agreement for damages caused by the Plaintiff’s non-performance of the obligation under the Plaintiff’s claim 1 refers to ensuring that the Defendant grants the Plaintiff a monopoly right to transport C, thereby guaranteeing the Plaintiff to pay transport charges of KRW 2.7 million per month. Thus, the Defendant’s order to suspend the transport of C constitutes nonperformance of obligation.

In addition, according to the Trucking Transport Business Act, the period of the land entry contract is at least two years.

Therefore, the Defendant’s nonperformance of obligation causes the Plaintiff’s failure to receive transport charges from August 16, 2015 to January 20, 2017, which was two years from the date of entering into the instant land entry contract.