(영문) 울산지방법원 2018.05.01 2017가단69436

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(영문) 울산지방법원 2018.05.01 2017가단69436

손해배상(기)

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff entered into a land entry contract with Nonparty C Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”), and was in charge of transporting liquefied petroleum gas according to a liquefied petroleum gas transport contract between Nonparty Co., Ltd and the Defendant (hereinafter “instant transport contract”).

B. On October 30, 2006, the non-party company entered into the instant transport contract with the Defendant, and the main contents thereof are to transport liquefied petroleum gas to the place designated by the Defendant by using freight vehicles registered on the non-party vehicle, and the Defendant is to pay the above gas transport charges. In addition, the non-party company limits to transport liquefied petroleum gas only produced by the supplier designated by the Defendant.

C. On April 9, 2015, the contract of this case was renewed again after the expiration of the first five-year period of contract, and the Defendant notified the non-party company of the termination of the contract on the ground that the non-party company transported liquefied petroleum gas produced by the other company that is not the Defendant-designated supplier.

[Ground of recognition] Unsatisfy, Gap evidence 1, 2, 7-1, 2-2, and all purports of oral argument

2. Summary of the plaintiff's assertion

A. The defendant is a party to the contract of this case with the non-party company, and is not a party to the contract directly with the plaintiff.

However, the defendant was aware that the plaintiff was receiving the plaintiff's payments for the remainder of the transportation fees except for the admission fees and the transportation fees to be paid by the non-party company as a branch owner of the non-party company.

B. Notwithstanding the absence of justifiable grounds to terminate the instant transport contract, the Defendant incurred damages equivalent to the transport fees not paid to the Plaintiff by cancelling the said contract.

Since the defendant's act is an unlawful act based on intention, it constitutes a tort against the plaintiff, and thus, the plaintiff's damages should be compensated.

3. Determination.

유사 판례

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