1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. From April 14, 2009, the Plaintiff is running trucking transport business as trucking transport business. The Defendant runs the business of supplying food materials to the schools and institutions providing group meals from June 18, 1997. The Plaintiff entered into a transport service contract with the Defendant on October 8, 2013 with the following contents.

(hereinafter “instant transport service contract”). Article 2 (Terms and Conditions of Contracts, Transport Fees, and Other Details of Expenses)

(a) As stated in the separate sheet of transport charges for food materials handled by the Defendant as stated in the attached sheet of vehicles (including articles) used in the three parts of the terms and conditions of the contract, the Defendant may order the Plaintiff to work additionally, if necessary, on October 17, 2013 to October 16, 2014, including the day-to-day holiday holiday holidays from 06:0 to 18:000, and the day-to-day holiday period from 18:00, and on October 16, 2014. In this case, additional payment of KRW 7,000 is to be made at the hour-to-day rate of additional work.

B. The actual costs associated with freight transportation are assessed against the defendant (oil, road, parking expenses).

Article 10 (Compensation for Damages)

D. When a cause for suspending business occurs due to the Defendant’s cause and the Plaintiff’s cause not attributable to the Plaintiff, the Defendant shall pay the Plaintiff a transportation fee for three months.

(Attachment 1) The method of providing transport fare of 1 ton 2,650,000 KRW 1.2 ton 2,800,000 KRW 1.2 ton 2,800,000 KRW 2.5 ton 3,100,000 KRW 3,50 ton 3.5 ton 3,600,000 KRW 4,200,000 ton and the method of providing transport fare of 3.5 ton 3,60,000 ton shall be consulted with the Plaintiff.

B. In accordance with the instant transport service contract, the Defendant provided one ton of cargo vehicles, one ton of cargo vehicles, one ton of 1.2 tons of cargo vehicles, and one ton of 2.5 tons of cargo vehicles from the Plaintiff, and used them to supply food materials to the customer. The Defendant also paid all the freight charges.

However, the defendant, on April 24, 2014, offered "1.2 tons of cargo vehicles and 2.5 tons of cargo vehicles to the plaintiff for commercial transport, not for commercial use."