1. The defendant's appeal is dismissed.

2. The Intervenor joining the Defendant shall bear the costs of the intervention in the appeal.

1. Basic facts

A. The Plaintiff is engaged in freight forwarding business under the trade name of “E”.

On April 20, 2018, the Plaintiff: (a) entrusted the transportation of Aluminium products 9,760 km (hereinafter “instant cargo”); and (b) entrusted the Defendant who drives the FF truck with the operation of the FF truck.

B. On the same day, the Defendant transported and delivered the instant cargo to G in Kimcheon-si. Of the instant cargo 2,480 g, a flicker Co., Ltd. (hereinafter “instant defect”) was discovered.

C. D demanded the Plaintiff to compensate for damages on the ground that the instant defect occurred during the carriage.

이에 따라 원고는 2018. 4. 30. D에게 그달 운송대금 중 1,039,700원[≒ 1,039,500원(= 하자가 발생한 물량 495kg × kg당 재가공비용 2,100원)] 및 이에 대한 10%의 세액을 공제해 줌으로써 이 사건 하자로 인한 손해를 배상해 주었다. 라.

The above trucks are subscribed to the deduction of the Intervenor joining the Defendant (including the loading special agreement).

[Ground of recognition] Facts without dispute, Gap evidence 1 through 6, 10, 11, 13, Eul evidence and the purport of the whole pleadings

2. Determination

A. Article 135 of the Commercial Act provides that “A carrier shall be liable for damages arising from the loss of, damage to, or delay in arrival of cargo unless he/she proves that the carrier, forwarding agents, employees, or other persons employed for the carriage have not neglected due care in connection with the receipt, delivery, custody, and carriage of the cargo.”

According to the above facts, since the defendant was requested by the plaintiff to transport the cargo of this case, he neglected his duty to deliver the cargo of this case without damage, and delivered the cargo of this case to G in a damaged state.