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(영문) 서울중앙지방법원 2019.06.26 2018나71153
운송료
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant is a juristic person established for the purpose of cargo transportation services, etc., and C and D are established for the purpose of document crushing business. The Defendant supplied C with a vehicle for document crushing and traded C in the form of paying service fees to the Defendant.

B. On May 7, 2015, the Plaintiff concluded a cargo transport agreement with the Defendant on the acquisition of a vehicle and paid the acquisition amount of the vehicle to receive the vehicle equipped with a document scraper. On May 7, 2015 (til May 6, 2020), the Plaintiff concluded a cargo transport agreement with the content that the vehicle would be separately paid for the fixed dispatch to C, which is a business partner of the Defendant, in return for the vehicle fixed to C, which is a business partner of the Defendant.

(hereinafter “instant cargo transport contract”). C.

In addition, on October 20, 2015, the Plaintiff and E company entered into an entrustment management agreement with the Plaintiff to vest in the registration title of a vehicle for document crushing used in the form of investment in kind to the contracting party. However, the Plaintiff comprehensively delegated the right to operate and manage the vehicle and paid 180,000 won per month in return for the delegation of the right to operate and manage the vehicle.

As such, the Plaintiff performed the business of crushinging documents entrusted by the Defendant C from the time of concluding the instant cargo transport contract with the Defendant to August 2016.

E. On September 26, 2016, the Defendant: (a) on September 26, 2016, the total balance of the unpaid transport charges (including oil expenses and tolls on expressway) does not exceed 14,317,790 won; and (b) “the instant transport charges” are the Plaintiff.

(2) The Plaintiff prepared a written statement of non-performance that the Defendant shall pay the unpaid transport charges in 15 installments from September 13, 2016 to November 30, 2017. (3) The written statement of non-performance was prepared as to the payment of the unpaid transport charges in 15 installments.

2. The Defendant’s judgment on the Defendant’s main defense is an entrusted contract with D on November 29, 2016 and the Defendant.

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