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(영문) 광주지방법원 2019.08.21 2018나5436
운송료
Text

1. Of the judgment of the court of first instance, the part against the defendant ordering payment exceeding the following part ordering payment.

Reasons

1. In this contract under Article 2 of the Basic Facts, the plaintiff shall transport the freight of the company ordered by the defendant, and the defendant shall designate a transport section in consultation with the plaintiff.

Article 3

A. The term of the contract is from January 19, 2018 to January 18, 2019. In the event that the Defendant and either of the Plaintiff do not express a separate intention not later than two months before the end of the contract period, this contract is automatically extended every one year under the same conditions as the former contract.

§ 4. (1. Delivery) Transport charges shall be KRW 750 per case (including V.A.T) 750 per case (including the same arrival) and auxiliary stuffs shall be paid in addition to the settlement of accounts as stuffs.

(2) The general personal collection and the return of goods shall be subject to the return fees per case (including V.A.T) of 650 won/case (in the same case) and the mass cargo and fixed transaction vehicle transport shall be adjusted and paid in accordance with the payment criteria (in the rate of transport charges) by the defendant.

(3)The above transportation charges may be changed under mutual agreement between the defendant and the plaintiff, depending on the circumstances of the defendant and the plaintiff, and the transportation charges for the corresponding month shall be settled by the defendant and paid to the head of the Tong designated by the plaintiff by the end of the following month after the plaintiff's request (issuance of tax invoice) after the issuance of

Article 5 of the Deposit Money Payment (Chile)

C. Where the Plaintiff intentionally or by gross negligence causes a serious business loss to the Defendant due to the delay in collection, delivery, or collection and delivery (the suspension of transaction with the owner of the goods, the reduction of the volume of transaction, the compensation for damages, and other equivalent damages), the Defendant may take appropriate measures, such as termination of the contract, adjustment of the area of collection and delivery

(except in the case of war, insurrection, or natural disaster).

The plaintiff shall be a delivery condition (excluding customer reasons) on the day of arrival.

Provided, That where it is violated due to the reasons attributable to the plaintiff, the defendant shall input the rent, and the rent shall be borne by the plaintiff.

Article 8 The plaintiff or the designated person of the plaintiff shall be responsible for the negligence, etc.

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