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(영문) 수원지방법원성남지원 2019.11.27 2019가단1397
운송료
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The Plaintiff’s assertion that the Defendant entrusted the Plaintiff with the carriage of cargo on October 2018, and the Plaintiff completed all the entrusted work. As such, the Defendant is obligated to pay KRW 64,255,902 to the Plaintiff.

2. We examine the judgment and find the facts that each of the statements in Gap evidence Nos. 1, 6, and 7 (including branch numbers) is insufficient to recognize the conclusion of a cargo transport consignment contract between the plaintiff and the defendant. However, considering the whole purport of the pleadings in the statement Nos. 2 and Eul evidence Nos. 1 through 7, the defendant concludes a cargo transport consignment contract with the non-party corporation D (hereinafter "non-party corporation"). The non-party company again entrusts the plaintiff with the cargo transport again. The defendant already paid a cargo transport charge to the non-party company on Oct. 2018, but the non-party company shuts down the present office and did not contact. Thus, the plaintiff's assertion that the defendant directly entrusted the cargo transport to the plaintiff and took the form of going through the non-party company only by paying the transportation charge is without merit.

3. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

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