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(영문) 수원지방법원 2017.06.22 2016나53432
구상금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff falling under the following order for payment shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The supply contract and the transportation consignment contract 1) Libya Damphcing Coar Ltd (hereinafter “AA”) and Amersia Amersia (hereinafter “Mesium”) omit a “stock company” in the name of all companies.

(ii)the combined scrap metal and the advanced scrap metal, depending on their kinds, are divided into the combined scrap metal and the compressed scrap metal.

The supply contract of the instant scrap metal was concluded (hereinafter “the instant scrap metal”). A. B. A. A. and A. B. B. B. to transport the instant scrap metal from A.L. L.M. L. to the domestic shocking factory of Hyundai iron, the following transportation was entrusted:

① As to mixed scrap metal, B entrusted inland transportation to HyundairoM, etc., B re-entrusted inland transportation to the Plaintiff. HyundairoM re-entrusted the Plaintiff with inland transportation, and the Plaintiff partially entrusted the road transportation to the subcontractor.

② As to compressed scrap metal, C entrusted inland transportation to C, etc., C re-entrusted inland transportation to D, etc., D re-entrusted the Plaintiff with inland transportation, and the Plaintiff re-entrusted part of the road transportation to subcontractor.

3) The Defendant, as a truck owner of the E-vehicle, registered in the name of the business entity that received the delivery of the scrap metal from the Plaintiff, intended to transport the instant scrap metal loaded in a container pursuant to the above consignment to the Hyundai Steel Factory. On the other hand, other scrap metal than the instant scrap metal, at the time, in addition to the instant scrap metal, was transported to the advanced factory of the Hyundai Steel, through another transport business entity, and for efficient transportation and loading and unloading, B and C, for the sake of efficient transportation and loading and unloading of the instant scrap metal, as the relationship, other scrap metal, other than the instant scrap metal, was being transported to the advanced factory of the Hyundai Steel through another transport business entity, were collected from the F, the head of the Simsan Branch, in the vicinity of the Jin Factory, to carry out the instant scrap metal business in the order of receipt of the number tickets from the F, which is the head of the Simsan Factory

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