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(영문) 대전지방법원 2020.05.27 2019나107263
운송료
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On April 1, 2017, the Plaintiff entered into a transportation service agreement with the Defendant and the Defendant stating that “The Plaintiff shall transport the cargo requested to be transported from the Defendant by the Defendant to the place of departure once a day from Daegu and Jinhae and Busan to the place of destination and return the cargo from the place of departure to the place of destination (the “first half”) and then transport the cargo from the place of departure to the place of destination (the “first half”). Around April 1, 2017, the Plaintiff entered into a transportation service agreement with the effect that “the Plaintiff shall transport the cargo in line with the place and time as designated by the Defendant, and shall pay a transportation fee of KRW 450,00 (excluding second half) from

(hereinafter “instant contract”). The term of the instant contract was one year, but it was automatically extended in the absence of any defect.”

B. The Plaintiff transported the freight to be transported by the Defendant from April 13, 2017 to August 25, 2017 under the instant contract, but the Defendant did not thereafter issue a transport order under the instant contract to the Plaintiff.

C. The Plaintiff received KRW 6,910,200, and KRW 12,784,860, and KRW 12,69,060, and KRW 11,339,460, and KRW 13,105,40, and KRW 17,000, and KRW 10,514,680, respectively, for the month of August 1, 2017, and KRW 13,105,40, and KRW 10,514, and680, respectively, for the month of October 8, 2017.

[Ground for Recognition: Facts without dispute, Gap evidence 1, Eul evidence 1-2 through 6, Eul evidence 2 and 3 (including branch numbers, if any); hereinafter the same shall apply

(2) Each entry and the purport of the whole pleading

2. The parties' assertion

A. The Plaintiff’s assertion (i.e., the instant contract set up only the transportation charge of KRW 450,00 on the basis of so-called “one-time conference”; however, even after the Plaintiff completed one-time half transport, there is a separate agreement for the Defendant to carry the so-called “half-time transport,” which transports the cargo from the place of destination to the place of departure according to the Defendant’s instruction, and to receive the additional transportation charge of KRW 150,000 from the Defendant.

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