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(영문) 서울고등법원 2021.02.18 2019나2027695
손해배상(기)
Text

The judgment of the first instance, including the claim that was reduced and the conjunctive claim added by this Court, is as follows.

Reasons

1. Basic facts

A. The Plaintiff’s status is a company established for the purpose of transporting home-based transportation, etc. to the nation, and the Plaintiff established an organization directly nationwide and directly carrying out home-based transportation business. However, in an area where it is impossible or difficult to do so, the Plaintiff entered into an agency contract with a third party, and partially entrusted the Plaintiff’s branch office established in each area to manage the agency.

B. From October 15, 1993, the Defendant was dismissed from the Plaintiff on December 5, 2017, while working at the Plaintiff’s Busan Western Branch, who was in charge of managing the transportation cost of the shipping owner and the agent.

(c)

Plaintiff

The plaintiff in the way of managing the funds of the working branch is not only (2 multilateral contracts) but also (3) if the contract of carriage with the plaintiff, the agent and the owner entered into a contract of carriage with the owner, but also (3) if the owner entered into the contract of carriage, the owner shall designate each virtual account and have the owner deposit the transport price into the virtual account. In exceptional cases, if the agent pays the transport price, the agent shall deposit the transport price into the virtual account without delay.

In other words, the transport cost is to be deposited into the virtual account of the plaintiff designated for each owner of goods in principle.

B. In addition, for the purpose of preventing the cumulative accumulation of unclaimed transport charges of customers developed by the agency or the agency, the Plaintiff imposes restrictions on the agent to prevent the performance of transportation services by restricting the use of the unclaimed integrated computer system for the original purpose if the transport charges are not deposited until the payment date or the attempted transport charges of the agent exceed a certain amount.

On the other hand, when the plaintiff concludes a transport contract between the plaintiff, the agent and the shipper, the plaintiff shall pay the relevant transport fee to the agency.

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