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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.
Reasons
In fact, the Plaintiff ordered five passenger cars produced by the Korea TWS Co., Ltd. (hereinafter “instant passenger cars”) and requested the Ajumter Co., Ltd. to release them to five passenger cars produced by the Korea TWS Co., Ltd.
Since then, the sales contract for the instant passenger car was concluded between Aju Syman Syman Co., Ltd. and Oralton Co., Ltd.
On April 15, 2014, the Plaintiff, a company running a vehicle consignment business, requested the Defendant, who was designated as the Transport Company, to transport a total of KRW 93,200,000 from Incheon to Jeju.
The Defendant entrusted a luminous Co., Ltd. (hereinafter “Magjin”) with the transportation of the instant car from Incheon to Jeju, and was re-entrusted with the transportation of the instant car from the Magjin to the place designated by the Plaintiff by accepting the said five automobiles from the Magjin to the Magjin.
On April 15, 2014 in accordance with the above transportation entrustment agreement, the Magjin acquired five automobiles from the 5th of the said car at the Incheon Bupyeong-gu Seoul District Office, Inc., and transported them to Incheon port, and shipped them into the Sewol ferry owned by Cheongnam Shipping Co., Ltd. (hereinafter “Cheongnam Shipping”) in its own name. On April 16, 2014, the said Sewol ferry was destroyed by an accident of sinking at the sea of the Jeonnam-gun-gun, Jindo-gun on April 16, 2014, all five charges for the instant car were
(hereinafter “instant accident”). On July 24, 2015, the Compensation and Compensation Deliberation Committee for the April 16 Sewol Ferry Disaster is the owner of the instant passenger vehicle at the time of the instant accident. The Plaintiff recognized that the instant accident occurred in the course of purchasing the instant passenger vehicle from the ASEAN Co., Ltd. as a sales agent of the ASEAN, and transferring the instant vehicle from the ASEAN Co., Ltd., and thereafter, the unit price for the purchase of the instant passenger vehicle except value-added tax in KRW 79,634,093.