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(영문) 서울동부지방법원 2018.06.22 2017나23570

청구이의

Text

1. Revocation of the first instance judgment.

2. The Defendant’s Seoul Eastern District Court 2015 tea 4679 freight case against the Plaintiff.

Reasons

1. Basic facts

A. The plaintiff is a company with the objective of performing production and planning, etc., and the defendant is a company with the purpose of arranging domestic and overseas parcel transportation business.

B. B Co., Ltd. (hereinafter “B”) (hereinafter “B”) between Company B and the Defendant

The purpose of the performance planning, production, etc. is to carry out the performance planning, production, etc., as a “D” performance (hereinafter “the first performance”) of the ASEAN group “C” in Japan.

In order to hold the foregoing performance, the Defendant entrusted the Defendant with the overseas transport of the said equipment and MD (Merchandis) products and the transport of the said equipment in Japan (hereinafter referred to as “the first transport contract”) on October 2014.

(2) On December 12, 2014, the Defendant received advance payment of KRW 66,00,000 from B pursuant to the first transport contract, and completed the transport of performance equipment for the first performance through the transport company around the end of December 2014, and claimed KRW 166,250,000 as the transport price to B.

3) After that, the Defendant delivered all performance equipment to B on January 2015. However, the remainder transport cost of KRW 100,250,000 ( KRW 166,250,000 - KRW 66,00,000) was not paid. (c) A transport contract between the Plaintiff and the Defendant. Meanwhile, a Japanese corporate E Co., Ltd. (hereinafter “E”) (hereinafter “E”) shall invite “C” to Japan to hold a “F performance” (hereinafter “the second performance”) from May 8, 2015 to June 10, 2015. On March 30, 2015, the Defendant concluded a contract between the Plaintiff and the Plaintiff to cooperate with the Plaintiff with the content of entrusting domestic business to the Plaintiff, such as the transport of equipment necessary for the production and performance.

2) On April 29, 2015, E entered into a contract on the lease of performance equipment from a Korean performance equipment lessee to bring the equipment to Japan from Korea for the second performance. 3) The Plaintiff shall transport the said performance equipment and MD goods from Korea to Japan, and thereafter perform them.