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(영문) 수원지방법원여주지원 2020.08.12 2018가합6364
손해배상(기)
Text

All of the plaintiffs' claims are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

Facts of recognition

Since 208, the Defendant entered into a contract with B (hereinafter “B”) on the transportation of products produced in the factory in B, from around 2008, as a company aimed at the special cargo transport service using tank glass, etc.

The Plaintiffs are drivers who have entered into a contract of carriage with the Defendant to transport goods such as peeped water produced in Incheon Factory and Bupyeong Factory B to each of the whole country (hereinafter “instant contract of carriage”).

[Based on the fact that there is no dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 and 2 (including additional numbers), the plaintiffs asserted to the purport of the whole pleadings between the defendant and the defendant that "if Eul pays transportation fees to the defendant, the defendant shall pay to the defendant the balance after deducting the commission, management expenses, additional dues, association expenses, and discount fees, etc." (hereinafter referred to as "contract of carriage by the plaintiff").

Although the Defendant paid the remainder of the transportation fee received from B in accordance with the transportation contract, the Defendant, without prior agreement with the Plaintiffs, committed a tort which arbitrarily deducts KRW 10,200 from the transportation fee by December 2015, and KRW 11,100 from the transportation fee, from January 2016.

Therefore, the defendant bears the obligation to pay each money stated in the "amount of partial claim for transportation expense deduction" in attached Table 2, which the plaintiffs seek as part of the claim, among the money added by the amount obtained by multiplying 10,200 won per transport time from August 2008 to December 2015 by the amount of 11,100 won per transport time from January 2016 to August 2018, and the amount calculated by multiplying 11,100 won per transport time.

From August 208 to December 2013, the Defendant received subsidies from B, from August 2008 to December 2012, 2012, from the cost of allocation, night-time and night-time cars, and the cost of allocation and night-time cars.

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