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(영문) 대전지방법원 2017.07.06 2016가단12844

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a company that carries on a general trucking transport business, a cargo transport business, and an intermediary business, and the Defendant is an individual entrepreneur who carries on a cargo transport business.

B. On October 1, 2014, the Plaintiff entered into a logistics transport contract between the Defendant (hereinafter “instant logistics transport contract”) and the Defendant, and the written logistics transport contract between the Plaintiff and the Defendant include the following:

(hereinafter referred to as “the instant provision on the prohibition of competition”). He promises not to work or transport the same type of business (SP) for one year after the termination of the logistics transport contract under Article 21 (Prohibition of Competitive Business). If he wishes, he shall compensate for the amount of damages of KRW 30,000,000 at the same time.

C. From October 1, 2014 to September 30, 2015, the Defendant entered into a logistics transport contract of this case, to which the Korea Export packaging Industry Co., Ltd. (the person in charge: Daejeon Factory; hereinafter “Korea Export Medal”) requested the Plaintiff to transport the goods after being consigned to the Plaintiff.

The transaction between the Plaintiff and the Korea Export Medal was terminated on September 30, 2015, and the Round was selected as a trucking company of the Korea Export Medal on behalf of the Plaintiff.

E. From October 1, 2015, the Defendant is carrying out the transportation of cargo, which was consigned to transport from the Korean export package, by lot, from October 1, 2015.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, Gap evidence 3, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion (1) The defendant is obliged to pay 30,000,000 won in compensation for damages, since it is engaged in the business of exporting the Republic of Korea in violation of the provisions of the prohibition of competition in this case.

In addition, the defendant is automatically transferred to the distribution company prior to the expiration of the contract term with the automatically extended plaintiff to the Korea Export Service, which prohibits the competition of this case.