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(영문) 광주지방법원 2016.04.20 2015가단525815
손해배상(기)
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Judgment on the plaintiff's claim

A. The gist of the Plaintiff’s assertion 1) The Defendant transported the goods designated by the Defendant to a customer on January 1, 2014, and the Plaintiff transporting them to the customer, and the Defendant pays the freight to the Plaintiff (hereinafter “instant transport contract”).

(2) The Plaintiff is obligated to pay KRW 4,800,000 to the Plaintiff, inasmuch as the Plaintiff agreed to pay KRW 100,000 per month for the 12-month new subsidy when purchasing and using the new car for transportation, and thus, the Plaintiff provided transportation services until September 16, 2014 in accordance with the instant transport contract. As such, the Defendant is obligated to pay KRW 11,868,562 to the unpaid service cost.

3. Since the defendant violated the contract of carriage in this case, it is obligated to pay 10,000,000 won to the plaintiff.

B. The fact that the Plaintiff and the Defendant entered into the instant transport contract and the fact that the Plaintiff provided services to transport the Defendant’s designated goods to the customer by April 30, 2015 is not disputed between the parties, but there is no evidence to support the fact that the Defendant agreed to pay the new subsidy to the Plaintiff. There is no evidence to support that the Plaintiff provided services to transport the Defendant’s designated goods to the customer even after May 1, 2015, each of the above arguments by the Plaintiff are without merit.

2. As such, all of the plaintiff's claims are dismissed as it is without merit. It is so decided as per Disposition.

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