(영문) 인천지방법원 2018.09.13 2018가합51699

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(영문) 인천지방법원 2018.09.13 2018가합51699

해고무효확인

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1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

1. Basic facts

A. On February 27, 2017, the Plaintiff and the Plaintiff’s wife B (hereinafter referred to as “Plaintiff, etc.”) entered into a contract with the terms of contract from February 27, 2017 to February 26, 2018, under which the Plaintiff, using the vehicle C, engaged in transportation at the Defendant’s request and received transportation charges from the Defendant (hereinafter “instant contract”).

The following are applicable to the content of the instant contract.

The following transportation service contracts shall be concluded between the defendant, D Company B, and the plaintiff:

Article 1 (Purpose) The purpose of this Agreement is to provide for all necessary matters in the course of carrying the cargo transported by the Defendant in an accurate and safe manner and carrying out the work incidental thereto.

Article 3 (Provision of Vehicles and Services) (1) The plaintiff, etc. shall provide transportation services by inserting any vehicle suitable for dealing with the defendant's transportation error.

② The Plaintiff, etc. shall provide transportation services meeting the required level of service quality of the Defendant.

Article 4 (Indication of Vehicles) (Indication of Vehicles) Type C, Plaintiff B, wing B, 200KK 201, wing B, 201, and wing 2.6 million won per month, in the event that the Defendant, the Plaintiff, etc. entered into a monthly contract and engaged in transportation, the Defendant shall pay the Plaintiff, etc. KRW 2.6 million per month, and the transport charges for additional operation shall be additionally paid in addition to the transport charges.

(2) The plaintiff, etc. shall claim to the defendant according to the rate of transport charges and all expenses already agreed upon in advance for the performance of transport duties.

Article 8 (Exclusive Programs and GPS Glbal Poponing Sym. Satellite for the reception of signals sent from satellites and the global navigation satellite system in which users' present location is calculated; hereinafter referred to as "GPS"). ① The Defendant may request the Plaintiff, etc. to install exclusive programs and GPS for smooth transport.

② Plaintiff 2

유사 판례

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-인천지방법원 2015.03.20 2014나6138

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