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(영문) 부산지방법원동부지원 2017.06.30 2016가합100040

손해배상(기)

Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The defendant is a corporation mainly engaged in the manufacture and sale of ready-mixeds. The plaintiff is a ready-mixed transporter in charge of the business of transporting ready-mixeds manufactured by the defendant from around 2005 to the defendant after concluding a transportation contract with the defendant.

The defendant shall conclude a contract for ready-mixed Transport with the plaintiff and other ready-mixed carriers individually for a fixed period of one year, and negotiate on the unit cost of transport, allowances, subsidies, etc. upon the expiration of the contract term, and then extend the contract term by one year for an extension of one year.

1.1. Contracts have been concluded.

B. The main contents of the contract for the transportation of ready-mixed (hereinafter “instant contract”) concluded with the Plaintiff on January 1, 2014 are as follows.

A contract for transportation of ready-mixed (hereinafter referred to as "A") shall be entered into between the Defendant and the Plaintiff (hereinafter referred to as "B"), as follows:

Article 1 (Purpose) The purpose of this Agreement is to provide for all the provisions necessary for transporting ready-mixed produced at the factory of A to the consumers of A.

Article 2 (Types of Models for Transportation of ready-mixed Construction Machinery and Owner's Name): The name of Samsung and Owner: Samsung, Type B: 197; and Principal Drivers: The term of the contract under Article 3 (Contract Period) shall be from January 1, 2014 to December 31, 2014.

The extension of the contract period under paragraph (1) shall be made by a modified contract or re-contract for the extension of the contract period (the contract for transportation of ready-mixed) under the mutual agreement between A and B 30 days prior to the expiration of the contract period.

Where a contract for change or re-contract under the provisions of paragraph (1) has not been concluded, this contract shall be automatically terminated on the expiration date.

Upon the expiration of the contract period, B shall immediately transfer the vehicles and personal belongings of B from the land owned by A.

A vehicle of B may be transferred by free will, but the vehicle shall be purchased by a third party.