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(영문) 서울중앙지방법원 2019.07.18 2018가합510470
손해배상(기)
Text

1. All of the plaintiff's claims are dismissed.

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

The plaintiff in the Gu office is working.

Reasons

1. Basic facts

A. Defendant B is a corporation whose purpose is trucking transport business, etc., and Defendant C is the husband of Defendant B’s representative in-house director F.

G is a corporation whose purpose is trucking arrangement business, etc., and Defendant D is the inside director of G, and Defendant E is a person who is granted the position of “head of department” from G.

B. At around 2017, G entered into an advertisement on “4.5 tons of truck sales contract (referring to a truck sales contract, and a truck sales contract, loan contract, and branch entry contract for it)” (Defendant D). On September 2017, G entered into a sales contract for H7.5 tons of truck through G’s Defendant D and E, and on September 25, 2017, G entered into a cargo transportation contract with Defendant B during the said sales contract.

The contract entered into as above is called a "cargo contract"

(ii) [Ground of recognition] unsatisfy, Gap evidence 1 to 3, and 6 to 9 (if any, the number may include each number), the purport of the whole pleadings;

2. Determination as to the cause of action

A. The Plaintiff’s assertion 1) Defendant B, at the time of the cargo transport contract, violated the Plaintiff’s agreement on working hours (18:00 teas, 21:30 subordinate teas) and the automobile specifications (4.5 tons) during the transport terms, but concluded two cargo transport contracts with other persons on the same transport terms as that of the Plaintiff after the cargo transport contract. Defendant B, as compensation for damages arising from non-performance of obligation (unperformance of obligation), obtained the Plaintiff from September 25, 2017 until the date of the cargo transport contract (29,314,700 won (20,700 won) from the date of the transfer of the Plaintiff’s truck (45,260,000 won) to the date of the transfer of the truck (20,000 won (i.e., the total of KRW 17,460,700,700,000,000 won (i.e., the profit earned by the Plaintiff from the discharge of the truck’s work).

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