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(영문) 수원지방법원 2015.11.12 2014가합72299

운송료

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Summary of both claims;

A. On August 21, 2014, the Plaintiff’s cause of the Plaintiff entered into a contract of carriage (hereinafter “instant contract of carriage”) with the Defendant, a subsidiary company, X-ray (hereinafter “EEX”) and the Plaintiff’s 200 boxes from August 22, 2014 to August 26, 2014, to the Samsung Electronic Factory located in Vietnam (hereinafter “instant transport contract”).

The Plaintiff performed all of the instant transportation services from August 22, 2014 to August 26, 2014.

Therefore, the Defendant is jointly and severally with the completed X-D, and at least is obligated to pay to the Plaintiff at least 25,021,240 won, which is the Plaintiff’s expenses while carrying out the instant transport service, and damages for delay.

B. The Defendant’s assertion that the instant transport contract was not concluded between the Plaintiff and the Defendant, but was concluded between the Plaintiff and the Gwangju-ri Electronic.

A, who is an employee of the Defendant, has delivered the content of the instant transportation service between the Plaintiff and the Gwangju Gwangju Youth, and only performed interpretation service.

2. In full view of the statements in Gap evidence Nos. 2, 3, and 5, the facts that the plaintiff and the defendant's employees had exchanged contact with the transportation of this case, and the facts that Gap used the name "B" as the "China Gwangju Gwangju Gwangju Gwangju Electronic Branch". However, this circumstance alone is insufficient to recognize the fact that the defendant is a subsidiary as the Korean branch office of the Chinese Gwangju Gwangju Electronic Branch, and that the contract of this case was concluded between the plaintiff and the defendant, and there is no other evidence to prove otherwise.

Rather, the above evidence, evidence No. 10, and evidence No. 1, No. 3, and No. 4 are shown.