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Reasons
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(영문) 인천지방법원 2018.04.26 2017나65374
운송료
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1. Revocation of a judgment of the first instance;

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 plaintiff runs the transportation business with the trade name of "C", and the defendant runs the manufacturing business with the trade name of "D".

B. Around April 2016, the Defendant entered into an export contract with E (E; hereinafter “U.S.”) located in the U.S., and exported (hereinafter “the instant export”) 1,938km from the U.S. importer on June 30, 2016, pursuant to the above contract, the Defendant exported (hereinafter “the first export”) from the U.S. importer “PNL LIGHT”) 1,938km. On July 4, 2016, the Defendant exported (hereinafter “the second export”) KRW 463.2km from the normal plate name (hereinafter “the second export”) and referred to as “the second export”).

[Ground of recognition] Facts without dispute, Gap evidence 3-1, 2-2, Eul evidence 7-1, 2-2, the purport of the whole pleadings

2. Whether liability to pay transport charges arises;

A. The plaintiff's assertion 1) The plaintiff made an oral contract of carriage with the defendant and transported the export goods of this case accordingly, so the defendant is obligated to pay the plaintiff a total of KRW 18,394,939 (= KRW 13,584,201 transportation charges for the first exported goods) and delay damages for the second export goods ( KRW 4,810,738). The defendant's assertion 2) The defendant's U.S. import company only entered into a transportation contract with the F Co., Ltd. to transport the export goods of this case, and the defendant, the exporter, did not enter into a transportation contract with the plaintiff. Thus, the defendant is not obligated to pay the transportation charges to the plaintiff.

(b) Fact that there is no dispute over the facts of recognition, Gap evidence 1-1, 2, 2-2-2-1, 4-1, 2, 5, 10, 11-2, Eul evidence 1-4, 4, 5, 7-1, 7-2, 8-1, 9-1, 9-2, and 2-2, the following facts are recognized in light of the purport of the entire pleadings.

① Around April 2016, a U.S. importer entered into the instant export contract with the Defendant, and sought an estimate of transportation charges from multiple carriers.

(No. 4, No. 16). U.S. import company is the Dongbook of Non-Party G around April 2016.

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