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1. The plaintiff (appointed party)'s appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff (Appointed Party).
Reasons
1. Basic facts
A. The Plaintiff (designated parties, hereinafter “Plaintiffs”) and the designated parties (hereinafter “Plaintiffs”) are individuals running personal transport business using rolling stock, and the Defendant is also individual transport business entity.
B. The Plaintiffs, the Defendant, and the Nonparty G transported aggregate from November 2013 to December 2013, 2013 to the H (hereinafter “H”)’s I river work site. Accordingly, the transportation fee to be paid by the Plaintiffs and the Defendant is KRW 26,612,00 in total as KRW 26,612,00 in the amount of KRW 5,036,333, 1,695,333, 3, 3,989,333, c1,370, d2,895, 333, 100, d2,325, 100, and Nonparty G1,30,000 in total.
C. On March 22, 2014, J, the actual operator of H, delivered to the Defendant a promissory note amounting to KRW 26,612,00 at face value with H as an issuer under the above unpaid transport charges, but did not pay due to default.
2. The allegations and judgment of the parties
A. The gist of the parties' assertion asserts that the plaintiffs transported aggregate by entering into a transport contract with the defendant, and that the defendant sought payment of unpaid transport charges, while the defendant, since the plaintiffs entered into a transport contract with H and transported aggregate, the defendant did not have the obligation to pay transport charges to the plaintiffs.
B. 1) Comprehensively taking account of the overall purport of the arguments in the evidence Nos. 1-1 to 18, Nos. 1 and 2 of the evidence No. 1-1 to 18, the plaintiffs confirmed the receipt of aggregate, and the plaintiffs filed a fraudulent complaint with the defendant on the grounds of non-payment of the aggregate transport price, etc., but received a non-prosecution disposition. In full view of the above facts acknowledged earlier, the defendant transported aggregate for H as well as the plaintiffs, and the defendant made efforts to receive the unpaid transport fee with the plaintiffs before filing the lawsuit in this case. 2) The above facts and circumstances are acknowledged.