손해배상(기)
1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
1. Facts of recognition;
A. The Defendant is a company that carries on liquefied petroleum gas (LPG) filling business for the taxi located in the port of port, and C is a company that carries on petroleum products and petroleum chemical products sales and transportation business, and the Plaintiff is a party who carries on tank transport business under the trade name of “D” as a land owner who has entered into a land entry contract with C.
B. On October 30, 2006, C entered into a LPG transport contract (hereinafter “instant transport contract”) with the Defendant (the representative director E at that time) on the condition that C would pay transport fees in return for transporting liquefied petroleum gas to the place designated by the Defendant using cargo vehicle. The Defendant agreed to be supplied only with F (F) only with liquefied petroleum gas.
C had the Plaintiff take charge of liquefied petroleum gas transport services in accordance with the instant transport contract, and paid to the Plaintiff an amount calculated by deducting KRW 80,000 per month from the transport fees received from the Defendant as transport fees and KRW 200,000 per month as transport fees.
C. After that, G, who was appointed as the representative director of the Defendant, ordered the Plaintiff to transport liquefied petroleum gas of another company that is not F’s products, and the Plaintiff, according to G’s instruction, transported the products of another company that is not F from November 2008 to September 2009.
On the other hand, E was reappointed on January 19, 2015 due to G's successor, as the defendant's representative director.
On April 9, 2015, the Defendant notified to the effect that the instant contract of carriage was terminated as of May 30, 2015 on the ground that C had to transport only F products, even though C had to transport only F products. On May 31, 2015, the Defendant entrusted another company with the transport of liquefied petroleum gas.
E. C’s instant transport contract against the Defendant was extended to five years due to the automatic extension of the contract term, and the contract term expires on October 30, 2016, and the Defendant terminated the said transport contract unlawfully. As such, the Defendant terminated the said transport contract.