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(영문) 서울고등법원 2019.01.09 2018나2008628
운송료
Text

1. The judgment of the first instance court, including the modification of the claim in this court, shall be modified as follows:

The plaintiff 1.

Reasons

1. The plaintiff's assertion

A. In the meantime, the Plaintiff transported pigs from January 201 to December 31, 2015 in accordance with the contract of carriage with the Defendants. As such, the Defendants are obligated to pay the Plaintiff each money and delay damages as indicated in the “amount claimed” column of the “amount claimed” column of the “amount claimed in the Plaintiff’s Claim” column as the unpaid transport charges.

B. Preliminaryly, the Defendants other than Defendant B (hereinafter referred to as “BS Defendants”) are the Defendants.

If it is not recognized that the contract of carriage was concluded between the Plaintiff and the Plaintiff, Defendant B is obligated to pay the remainder of the Defendants’ unpaid transport charges to the Plaintiff.

2. Judgment on the plaintiff's primary claim

A. As to whether the contract of individual carriage between the Plaintiff and the Defendants was concluded, the Defendants asserted to the effect that the parties to the contract of carriage of pigs are only Defendant B, and the remaining Defendants cannot become the parties to the contract since there is no separate manpower, equipment, etc. as a special purpose corporation established by Defendant B, etc. to obtain a loan from a financial institution. 2) The following circumstances are acknowledged as follows: ① even if the remaining Defendants were established by Defendant B, etc. to obtain a loan from a financial institution, the remaining Defendants are the owners of assets such as swine, etc.; ② the Plaintiff concluded a loan contract with the financial institution as collateral and entrusted the production, shipment, etc. of swine, and so on, and issued and reported the sales tax invoice of this case against the remaining Defendants; and ② the Plaintiff also purchased and reported the remaining sales tax invoice of this case against the Defendants.

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