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(영문) 서울중앙지방법원 2020.02.19 2019나35147
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

1. Facts of recognition;

A. The status of the parties is a company aimed at manufacturing and distributing household goods, and the defendant is a company with the purpose of trucking and mediating businesses.

B. The Defendant concluded a door-to-door shipment contract between the Defendant and the owner of goods (1) and concluded a door-to-door shipment contract individually with the personal transport business operators, and let these door-to-door shipment stores gather the goods or deliver the goods within the designated responsible delivery area.

(2) In a manner in which the consignor enters into a contract of carriage of goods through the Defendant, there are ① entering into a contract of carriage of goods at home with the consignor, and the delivery of the goods collected from the shipper through the Defendant’s logistics transportation system (hereinafter “the method of delivery contract”), ② the consignor entering into a contract of carriage of goods at home with the Defendant, and ② the consignor entering into a contract of carriage of goods at home with the Defendant and deliver the goods (hereinafter “direct contract method”).

(3) In the case of the method of the collective contract, the owner of the goods bears the obligation to pay the transportation charge to the owner of the goods, while the owner bears the obligation to pay the transportation charge to the Defendant, while the owner bears the obligation to pay the transportation charge to the Defendant in the case of the direct contract method.

However, even in the case of direct contract method, the collection store is engaged in collecting cargo from the consignor or delivering cargo within the delivery area of the collection store. In this case, the collection store is receiving collection fee or delivery fee from the defendant according to the contract between the collection store and the defendant.

C. (1) Around November 2015, the Plaintiff entered into a contract of a selective distribution with the E company F, the operator of the H house store which entered into a contract of a collective distribution with the Defendant, and entered into a contract of a selective distribution with the Defendant.

(hereinafter referred to as the “previous Contract”). In accordance with the above contract, the contract shall be executed.

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