beta
Text
The plaintiff's appeal is dismissed.
Expenses for appeal shall be borne by the plaintiff.
The purport of the claim and the purport of the appeal are the judgment of the first instance.
Reasons
1. Basic facts
A. On November 1, 2017, the Plaintiff entered into a cargo transport contract with G Co., Ltd. (hereinafter “G”), with the purport that the Plaintiff transports the goods requested by G or G during the contract period from December 1, 2017 to November 30, 2019 and receives transport charges in accordance with the rate schedule from G (hereinafter “instant cargo transport contract”).
B. On March 7, 2018, the Plaintiff was entrusted by G with the transportation of “high robbery H-sn beam 22 tons” owned by E Co., Ltd. (hereinafter “E”) from G to the construction site located in Gangnam-gu Seoul Metropolitan Government D, and the Plaintiff entrusted the transportation of the instant cargo to the Defendant who drives an I truck.
(c)
The defendant delivered the freight of this case from E according to the entrustment of the above carriage, and sent the freight of this case to E in the city of Jin-si.
In this regard, disputes have occurred between the plaintiff and the defendant, such as the payment of additional freight, and the defendant did not load the freight of this case in E business place, and brought the freight of this case to the warehouse owned by Macheon City FC.
(d)
Since then, the Plaintiff continued to request the Defendant to return the instant cargo, and directly visited C to the warehouse owned by C with the instant cargo, and also demanded C to return the instant cargo. However, the Defendant and C did not return the instant cargo to the Plaintiff.
E. On April 13, 2018, G would suspend transactions with Plaintiff from April 30, 2018 to the time when the instant cargo was entirely stored.
After notification, the transportation contract of this case was destroyed.
F. Meanwhile, while the Defendant received a request for the carriage of the instant cargo and received it for the delivery and kept for the victim E, it did not pay the transportation cost as desired, and it did not go to the warehouse in the Mapocheon City F.