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(영문) 서울중앙지방법원 2019.06.28 2017가합565152
손해배상(기)
Text

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

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

On June 10, 2019, the Plaintiff in the Gu office was working.

Reasons

1. Basic facts

A. The Plaintiff is an in-house director of C Co., Ltd. established for the purpose of trucking transport arrangement business and trucking transport business (hereinafter “in-house director”), and the Defendant is a company established for the purpose of trucking transport business.

B. Around August 3, 2012, the Defendant entered into a cargo transport contract (Evidence No. 10) with the non-party company, and with the content that the Defendant delegates the Defendant’s home delivery from August 13, 2012 to August 12, 2013.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 10 and 11, purport of the whole pleadings

2. Summary of the plaintiff's assertion

A. A. Around June 2013, the 1 container transport-related Defendant’s staff D Deputy Director stated that the Plaintiff would pay the service charges by adding 10% to the service charges that would be paid to truck drivers if the truck transport is arranged among the cargo distribution businesses.” The Plaintiff from June 15, 2012.

8.1. By the end of January, the Defendant recruited truck drivers to perform container transport services.

However, the defendant paid only part of the above service price to the plaintiff. The defendant is obligated to pay 75,563,369 won for the service related to container transport and delay damages to the plaintiff.

2) Around December 2012, the Defendant agreed to pay the Plaintiff the service cost according to the increased rate from December 6, 2012 to March 20, 2013 when requesting a substitute for the alternative transport service. Accordingly, the Plaintiff performed the above service from December 6, 2012 to March 20, 2013. Therefore, the Defendant is obliged to pay the Plaintiff the service cost of the selective transport-related service cost of KRW 548,826,283 and the delay damages thereon. (b) The Defendant is obligated to pay the Plaintiff the claim for tort damages due to the tort claim. (A) The Defendant is entitled to the aforementioned claim for damages.

As stated in paragraph (1), the Plaintiff delegated container transport services and door-to-door transport services to the Plaintiff, and the Plaintiff performed the above services.

(b).

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