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(영문) 서울중앙지방법원 2015.08.28 2014나47145
대지급금
Text

1. Revocation of the part against Defendant K, L, and M among the part against the principal lawsuit of the judgment of the first instance, and that part shall be revoked.

Reasons

1. Basic facts

A. The Plaintiff is a company running the transportation business such as the national cargo transportation business, and the Defendants concluded a contract for the establishment of a place of business with the Plaintiff and run the Plaintiff’s place of business.

(b)the cargo transport system shall consist of the sending place of business, the arrival place of business, the operating vehicle (lanes), the terminal, the head office, etc.

If it is assumed that the daily cargo transport volume of a certain place of business is equivalent to one million won, the place of business shall be 3.50,000 won with profits and 6.50,000 won shall be paid to the terminal.

6.50,000 won shall be paid for the transportation and delivery of the route vehicle on the day, and the remaining 2.50,000 won shall be distributed with the terminal operation expenses and the proceeds of the head office.

In the case of arrival, 350,000 won shall be paid first in the business office, and one million won shall be paid later in the first place after the company pays transport charges, etc. for the route vehicles.

C. The Plaintiff, while running the transport business by leasing part of the O cargo terminal, entrusted the operation of the terminal to P, and Q was under the direction and supervision of P to perform the accounting work.

In principle, the commission for the handling of cargo between the Defendants and P was settled on the same day, but there was a case where the unpaid or excessive payment occurred, and all such details were arranged by Q into two daily account books (hereinafter referred to as the "detailed statement of daily account of the place of business") that can be seen from the individual account books by place of business in Q.

E. The daily settlement statement of the place of business is divided into dispatch cargo and arrival cargo and, as a result of the settlement of the fee on the day, the amount to be paid to the terminal is indicated as (i) if there is any amount to be paid to the terminal; (ii) if there is any objection, the amount to be collected was added to the outstanding amount on the day preceding the day and entered in the total sum of the outstanding amount; and (iii) the daily settlement statement on the day according to such daily settlement of accounts was

F. Cargo between the Plaintiff and the Defendants.

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