Text
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. Basic facts
A. The defendant is a company with the purpose of a special cargo transport business, and the plaintiff is a person engaged in an individual cargo transport business.
B. On April 18, 2009, the Defendant entered into a transport contract with a shipping agent (hereinafter “PTPP, etc.”), and again entered into a transport management contract with the Plaintiff on the said cargo (hereinafter “instant transport management contract”).
C. The contents of the aforementioned cargo transport were transported to the destination of the Plaintiff’s cargo at the time of the shower, which the Plaintiff owned by the Plaintiff, and the shower offered the cargo to the Plaintiff, a shipping agent, shotos.
(hereinafter referred to as “the shower in this case”). Shicker, a shower, has a separate number plate, must be registered separately from the Hague, and shall be maintained and managed together with ordinary vehicles, with eight typ, franchise, presses, etc. with vehicle equipment.
In the instant transport management contract, the contents related to the management of shower in the instant case are as follows.
The defendant in the transport management contract shall be entitled to "A" as "B".
Article 3 (Subject Matter of Entrusted Management) The Warsaw in this case
Article 6 (Quality Control) of the Warsaw - PTA Warsaw 1, 1672(29)(Quality Control)
4.In the management of the entrusted vehicle, all matters, such as typing, repair, sping, distribution, tank contact and vehicle license plate management, tank connection, etc., are not responsible by “B” and shall be returned to its original condition upon termination of the entrustment contract.
On the other hand, shots entered into a transportation equipment contract with the Defendant that pays KRW 320,00 per month as management expenses for the maintenance of Shsaws in this case, and accordingly, paid KRW 320,000 per month to the Defendant as management expenses for Shsaws in this case.
E. In accordance with the instant transport management agreement, the Plaintiff transported the freight of a slot machine in accordance with the instant transport management agreement for a period of 56 months from April 18, 2009 to November 21, 2013.
[Ground of recognition] Unsatisfy, Gap evidence 1, and