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(영문) 수원지방법원 2018.12.14 2018나68070
채무부존재확인
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

The grounds for appeal by the plaintiff citing the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, and in light of the evidence submitted in the court of first instance (the plaintiff and defendant did not submit new evidence to this court), and the fact-finding and judgment of the court of first instance

This court's reasoning is as stated in the reasoning of the judgment of the court of first instance, except for the part written by the court of first instance in February below, and therefore, it shall be quoted as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act. The part written by the court shall be as follows from "B" of 43 main sentence of the judgment of the court of first instance to "no grounds" of the same 9 lines.

B The Defendant is a typical transport contract between the non-party company and the non-party company (hereinafter “the instant transport contract”) stating that “the Defendant shall provide the non-party company with the transportation services and pay the fare calculated at the rate set in advance by the non-party company to the Defendant.”

(3) In the event that the Defendant inflicts damage on the non-party company or its customer on the non-party company or its customer by intention or negligence during the carriage, the entire amount of the damage shall be compensated for to the non-party company or its customer, and in relation to the carriage, the civil, criminal, and administrative liability shall be imposed on the non-party company or its customer on the violation of the relevant laws and regulations, such as excessive waste dumping, etc., in connection with the carriage.

Article 7 (1) provides that "the content is specified, and Article 7 (1) provides that the defendant shall be responsible for any traffic accident or accident that occurs during the transport." <4> The defendant, according to the contract of carriage of this case, provided aggregate transport services to the non-party company under the defendant's responsibility and claimed freight for the non-party company according to the monthly transport volume, and the non-party company pays monthly freight calculated as above to the defendant. 5.

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