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(영문) 대구고등법원 2017.07.13 2016나24933
운송료
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The following facts may be found either in dispute between the parties or in full view of Gap evidence of Nos. 1 to 5, 7 (including branch numbers; hereinafter the same shall apply), Eul evidence of No. 1 to 9, witness C of the first instance trial, and witness C of F, the whole purport of the arguments.

The plaintiff is a company that conducts petroleum and petroleum chemical products sales and transportation business, and the defendant is a company that conducts liquefied petroleum gas filling business against the taxies located in the port of distribution.

B. On October 30, 2006, the Plaintiff entered into a LPG transport contract with the Defendant (hereinafter “instant transport contract”) (hereinafter “instant contract”).

The content of the contract of carriage of this case is to transport liquefied petroleum gas to the place designated by the defendant using the freight truck, and the defendant pays liquefied petroleum gas transport charges to that place. The contract provisions related to the issue of this case are as follows.

Article 9 (Period of Contract) (1) This Agreement shall be five years from the date of the contract. In any of the following cases, the defendant and the plaintiff may unilaterally cancel the contract. (1) When the defendant intentionally delays the carriage of cargo under this Agreement or fails to carry out the smooth carriage of cargo due to any other reason, (2) When the defendant intentionally violates the terms of this Agreement, (3) the contract period and the time of termination shall notify the defendant and the plaintiff in writing that the contract will be terminated at least two months prior to the completion and the time of termination shall be automatically extended without notice.

No vehicle engineer shall transport other substances at his/her discretion.

C. The Plaintiff had a ground entry engineer C take charge of transporting liquefied petroleum gas according to the instant transport contract.

At the time of the conclusion of the instant contract, the Defendant entered into a contract for the supply of liquefied petroleum gas with Lee Won-won Co., Ltd. (hereinafter “E1”) and the Defendant agreed to be supplied with liquefied petroleum gas only from Lee Won-won.

this section.

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