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1. The part of the judgment of the court of first instance against the defendant exceeding the amount ordered to be paid next shall be revoked.
(2).
Reasons
1. In fact, the Plaintiff is a personal entrepreneur who runs the freight forwarding business under the trade name of “D” in Seo-gu, Busan.
The defendant is a private entrepreneur who carries on a transportation business using a truck (E 5 tons or more).
② On March 19, 2018, F Co., Ltd. (hereinafter “Non-Party Company”) requested H, who operated G, to transport 15 ton of 1 ton of the Ansan Co., Ltd. (hereinafter “instant Co., Ltd.”).
H re-requested the Plaintiff on the same day.
③ On March 19, 2018, the Plaintiff entered into a transport contract with the Defendant to transport KRW 3,50,000 to a factory located in the Chungcheongnam-gun, Chungcheongnam-gu, Changwon-si, Changwon-si, with the Defendant and the Defendant (hereinafter “Defendant”).
④ On March 19, 2018, the Defendant started to start the instant co-days at the JJ, and around 16:00 on the same day, the Defendant arrived at the said factory and lowered the said co-days.
⑤ The co-days of this case was partially exposed to rain during the Defendant’s transportation, and was milked inside the co-days (315.1m2).
(hereinafter) The accident in this case occurred. The non-party company confirmed the condition of the co-days and determined that three of the co-days could not be used, and demanded H to pay the damages amounting to KRW 23,162,857, but finally agreed to KRW 10,826,745 (Value 9,842,496 value-added tax amounting to KRW 984,250).
H demanded payment of KRW 10,826,745 to the Plaintiff on March 19, 2018. From July 6, 2018 to August 19, 2019, the Plaintiff completed the payment in a manner that deducts the amount equivalent to KRW 10,826,745 from the transport cost to be received from H.
[Ground for Recognition] : Each description or image of Gap evidence 1 to 10, Gap evidence 13, 15, 29, and Eul evidence 1 (including each number), and the purport of the whole pleadings
2. Determination on the cause of the claim
(a) A carrier shall pay attention to the receipt, delivery, custody, and carriage of cargo by himself, forwarding agents, employees, or other persons employed for carriage.